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Articles 1 - 10 of 10
Full-Text Articles in Law
Black Athletes At The Millenium, Keith Harrison
Black Athletes At The Millenium, Keith Harrison
Dr. C. Keith Harrison
No abstract provided.
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Nancy J. Knauer
In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …
Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel
Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel
Jonathan Yovel
This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as …
What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel
What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel
Jonathan Yovel
What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the …
Self-Defense: The Equalizer, David B. Kopel, Linda Gorman
Self-Defense: The Equalizer, David B. Kopel, Linda Gorman
David B Kopel
Experiments in tightening gun-control laws have eroded the right of self defense and failed to stop serious crime. Studies Japan, the United Kingdom, Canada, and Australia.
The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds
The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds
David B Kopel
A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Trisha Olson
No abstract provided.
"Franco's Spain, Queer Nation?", Gema Pérez-Sánchez
"Franco's Spain, Queer Nation?", Gema Pérez-Sánchez
Gema Pérez-Sánchez
This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. ... Part III illustrates the social and cultural legacy of queer activism against Francoist laws on homosexuality through an analysis of Eduardo Mendicutti's novel Una mala noche la tiene cualquiera Anyone Can Have A Bad Night and the young, urban culture, post-Franco context of supposed historical amnesia in which it was produced. ... As the power of Francoism and its institutions waned during the last years of the …
Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson
Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson
Dr Matilda Arvidsson
In this article the court speech delivered by the "Malexander widow", Anneli Ljungberg, is analysed in terms of Lloyd Bitzers "rhetorical situation" and found to work within two different and simultaneous rhetorical situations. Thus, the article shows how a court speech might break with rhetorical conventions of one rhetorical situation because of the conventions governing the other and simultaneously ongoing rhetorical situation.
Late Spring Haiku In Rhyme/Haiku For The Birds (Poems), Frank Pommersheim
Late Spring Haiku In Rhyme/Haiku For The Birds (Poems), Frank Pommersheim
Frank Pommersheim
No abstract provided.