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Full-Text Articles in Law

Subversive Thoughts On Freedom And The Common Good, Larry Alexander, Maimon Schwarzschild May 1999

Subversive Thoughts On Freedom And The Common Good, Larry Alexander, Maimon Schwarzschild

Michigan Law Review

Richard Epstein is a rare and forceful voice against the conventional academic wisdom of our time. Legal scholarship of the past few decades overwhelmingly supports more government regulation and more power for the courts, partly in order to control businesses for environmental and other reasons, but more broadly in hopes of achieving egalitarian outcomes along the famous lines of race, gender, and class. Epstein is deeply skeptical that any of this is the shining path to a better world. Epstein's moral criterion for evaluating social policy is to look at how fully it allows individual human beings to satisfy their …


What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis Jan 1999

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …


Retribution: Punishment's Formative Aim, John M. Finnis Jan 1999

Retribution: Punishment's Formative Aim, John M. Finnis

Journal Articles

This Article explores the theoretical underinnings of punishment, in light of statements made about punishment in the works of Friedrich Nietzsche.


In Memoriam: Albert E. Utton, Natural Resources Journal Jan 1999

In Memoriam: Albert E. Utton, Natural Resources Journal

Natural Resources Journal

No abstract provided.