Law Commons^™

Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax

Faculty Scholarship at Penn Carey Law

Proponents of work-based welfare reform claim that moving the poor from welfare to work will advance the goals of economic self-reliance and independence. Reform opponents attack these objectives as ideologically motivated and conceptually incoherent. Drawing on perspectives developed by luck egalitarians and feminist theorists, these critics disparage conventional notions of economic desert, find fault with market measures of value, debunk ideals of autonomy, and emphasize the pervasiveness of interdependence and unearned benefits within free market societies. These arguments pose an important challenge to justifications usually advanced for work-based welfare reform. Reform proponents must concede that no member of society can …

Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer

Faculty Scholarship at Penn Carey Law

No abstract provided.

Political Correctness Today, Joseph Ellin

Center for the Study of Ethics in Society Papers

Paper presented to the Center of the Study of Ethics in Society Western Michigan University, November 14th, 2003.

The Ethics Of Apology And The Role Of An Ombuds From The Perspective Of A Lawyer, Sharan Lee Levine, Paula A. Aylward

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University, March 20, 2003.

United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor

International Bulletin of Political Psychology

This article presents a hypothesis of untoward consequences through the reification of human rights.

The Moral Emotions Of The Criminal Law, Stephen P. Garvey

Cornell Law Faculty Publications

Imagine you have committed a crime. You might experience any number of emotional responses to what you've done, ranging from self-satisfaction to self-disgust. But however you do feel, how should you feel? The question seems especially appropriate for a conference honoring Professor Herbert Morris and celebrating his work, for no one has shed light more on the moral emotions of the criminal law. The line of thought that follows owes Professor Morris a large and obvious debt.

So, once again, how should you feel when you have committed a criminal wrong? "Guilty" comes immediately to mind. But guilt is not …

Deception In Morality And Law, Larry Alexander, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Is Risk A Harm?, Claire Oakes Finkelstein

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas

Faculty Scholarship at Penn Carey Law

No abstract provided.

Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

A review of:

Hard Choices: Moral Dilemmas in Humanitarian Intervention edited by Jonathan Moore. New York: Rowman & Littlefield, 1999. 322pp.

Humanitarian Intervention: Ethical, Legal, and Political Dilemmas edited by J. L. Holzgrefe and Robert O. Keohane. New York: Cambridge University Press, 2003. 350pp.

The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang

Faculty Scholarship at Penn Carey Law

The immigration of unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of unskilled …

Justification And Excuse, Law And Morality, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs …

Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White

Faculty Scholarship at Penn Carey Law

No abstract provided.

Harm, History, And Counterfactuals, Stephen R. Perry

Faculty Scholarship at Penn Carey Law

No abstract provided.

No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick

Faculty Scholarship at Penn Carey Law

No abstract provided.

Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen

Faculty Scholarship at Penn Carey Law

No abstract provided.

Immigration Restrictions As Employment Discrimination, Howard F. Chang

Faculty Scholarship at Penn Carey Law

In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests …

Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax

Faculty Scholarship at Penn Carey Law

No abstract provided.

Inevitable Mens Rea, Stephen J. Morse

Faculty Scholarship at Penn Carey Law

No abstract provided.

Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz

Faculty Scholarship at Penn Carey Law

No abstract provided.

Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The …