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Full-Text Articles in Law
Will There Be A Science Of Law In The Twenty-First Century?, Richard Stith
Will There Be A Science Of Law In The Twenty-First Century?, Richard Stith
Law Faculty Publications
The skepticism of the American Legal Realists and their heirs threatens to make a politically neutral science of law impossible and thus to undermine the liberal polity which needs such a science. Ronald Dworkin attempts to refute the skeptics and defend both legal theory and liberalism. However, the author points out, Dworkin and liberalism are themselves skeptics when it comes to moral principles, and, therefore, they cannot wholly escape from similar skepticism with regard to legal principles. Both Anglo-American and Continental legal history are examined in the course of these arguments.
Generosity: A Duty Without A Right, Richard Stith
Generosity: A Duty Without A Right, Richard Stith
Law Faculty Publications
The rhetoric of rights permeates and dominates the American legal thought today. Even ethics is often considered to involve fundamentally a mutual respect for "moral rights." Understanding human rights is taken to be a sufficient condition for knowing how we do and should order our life together.