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Articles 1 - 11 of 11
Full-Text Articles in Law
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez-Rivera
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez-Rivera
Faculty Articles
Friendships can be uneasy without ceasing to be friendships. Because the "pie" of law and morality's relationship can be sliced in many ways and to different yields, in what follows, I consider the simultaneously unexplored, uneasy, and yet promising relationship between the Natural Law tradition and Policy-Oriented Jurisprudence (or "New Haven"), hoping that doing so will partially illuminate aspects of the relationship between morality and the law more generally. My aim is to describe what and how New Haven School founders Myres McDougal and Harold Lasswell thought about Natural Law. As it will become clearer below, despite their critical appraisal …
Faith And The Lawyer's Practice Symposium: Law Religion And The Public Good, Russell G. Pearce
Faith And The Lawyer's Practice Symposium: Law Religion And The Public Good, Russell G. Pearce
Faculty Scholarship
If there is a religious way to read, is there a religious way to be a lawyer? More and more lawyers, judges and scholars are answering yes to that question. We heard earlier from Cardinal Bevilacqua about the history of the Religious Lawyering Movement, which blossomed in the 1990s. There was writing about the law and religion before that time." We can date religious lawyering as a body of work in mainstream legal literature, as Cardinal Bevilacqua did, to the work of Professor Thomas Shaffer in the 1980s.Why did this movement take off in the 1990s? Again, what accounts for …
Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce
Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce
Faculty Scholarship
Inspired by Ted Schneyer's future history of professional discipline' and Bob Gordon's descrption of "the hazy aspirational world" of the "Law Day Sermon,' I offer a vision of the legal profession 'a next fifty years in the form of a Law Day speech from the year 2050. Looking back on developments in the first half of the twenty-first century, this piece explores the implications of the analysis proposed in my earlier article, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar. The speech presents a projection of the moral leadership the bar …
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
Georgetown Law Faculty Publications and Other Works
In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …
Three Positivisms, Robin West
Three Positivisms, Robin West
Georgetown Law Faculty Publications and Other Works
In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …
Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab
Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab
Cornell Law Faculty Publications
In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of …
Sex, Reason, And A Taste For The Absurd, Robin West
Sex, Reason, And A Taste For The Absurd, Robin West
Georgetown Law Faculty Publications and Other Works
Like much of Richard Posner's best work, Sex and Reason does many things, and for that reason will no doubt attract a large and diverse readership. This heavily footnoted, exhaustively researched, and imminently accessible book is a welcome introduction to the interdisciplinary study of sex. For the lay reader it presents an arresting set of speculations about human sexuality, drawn from the author's evident familiarity with a sizeable library of studies representing at least half a dozen scientific and social scientific disciplines, assembled in a readable and lively way. Of more interest, perhaps, to academicians and social scientists familiar with …
Dworkin's Domain, Philip E. Soper
Dworkin's Domain, Philip E. Soper
Reviews
No one has done more in the last twenty years to revitalize debates about how judges should and do decide cases than Ronald Dworkin. At the same time, no one has been more equivocal than Dworkin in explaining how a theory of adjudication bears on the dispute within legal theory about the connection between law and morality. This fine book continues both traditions.
Law And Morality: A Kantian Perspective, George P. Fletcher
Law And Morality: A Kantian Perspective, George P. Fletcher
Faculty Scholarship
The relationship between law and morality has emerged as the central question in the jurisprudential reflection of our time. Those who call themselves positivists hold with H.L.A. Hart that calling a statute or a judicial decision "law" need not carry any implications about the morality of that statute or decision. Valid laws might be immoral or unjust. Those who resist this reduction of law to valid enactments sometimes argue, with Lon Fuller, that moral acceptability is a necessary condition for holding that a statute is law; or, with Ronald Dworkin, that moral principles supplement valid enactments as components of the …
Legal Theory And The Obligation To Obey, Philip E. Soper
Legal Theory And The Obligation To Obey, Philip E. Soper
Articles
Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.
A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers
A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.