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Articles 1 - 21 of 21
Full-Text Articles in Law
Copyrighting Facts, Michael S. Green
To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson
To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson
Book Reviews
This essay from the Times Literary Supplement (23 May 2003) reviews books on Lincoln's speeches and writings, particularly the Second Inaugural Address. It examines the transition from the First Inaugural Address to the Second Inaugural Address, finally focusing on how Lincoln seeks to steer between moral relativism about the war - each side does as it sees right - and moral absolutism.
Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan
Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan
Faculty Scholarship
No abstract provided.
Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog
Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog
Reviews
The explosion of primary texts from seven- teenth-century England continues to trigger an explosion of scholarly treatments today. For good reason, too: Lots of the primary texts are amazing, and not just those tired old warhors- es, Hobbes's Leviathan and Locke's Second Treatise. As fun and challenging as the primary texts are, you are forgiven a touch of skepticism if you wonder just what the latest author has to add to our understanding. You might redouble your skepticism if you just glance at Mark Stephen Jendrysik's table of contents, offering chapters on Winstanley, Milton, Cromwell, Filmer, and Hobbes, and zeroing …
Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz
Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Epidemiology Of Critique, Michael Fischl
The Epidemiology Of Critique, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Corporate Advertising's Democracy, Bruce Ledewitz
Corporate Advertising's Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Promise Of Democracy, Bruce Ledewitz
The Promise Of Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang
Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang
Publications
No abstract provided.
Book Review, Lakshman Guruswamy
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Faculty Publications
No abstract provided.
Truth, Truths, "Truth," And "Truths" In The Law, Susan Haack
Truth, Truths, "Truth," And "Truths" In The Law, Susan Haack
Articles
No abstract provided.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
While Bauman provides persuasive rebuttals to many of the CLS criticisms of liberalism, contemporary liberalism suffers from some of the same shortcomings Bauman observes about CLS. For example, Bauman criticizes CLS for not having a conceptual foundation (an external standard of truth) to demystify the liberal legal consciousness claimed to be inherent in the law. Bauman also argues that contemporary liberal theorists, like John Rawls, avoid the “comprehensive metaphysical or ontological framework” (p.30), held to be incoherent by CLS. However, Bauman fails to realize that Rawls similarly lacks a conceptual foundation to justify his “political not metaphysical” form of political …
Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff
Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff
Publications
No abstract provided.
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
All Faculty Scholarship
Legal doctrine exhibits some striking temporal anomalies, previously not much adverted to. Wrongdoing looked at before it has occurred, and after is has occurred, is apt to look very different. I take up the two key components of wrongdoing seriatim, the harm-portion and the misconduct-portion: the "damage" part and the "liability" part. We tend to look at harm in a harm-agnifying way before it has occurred, and in a harm-inimizing way afterwards. We thus tend to think about negligence and the harm it wreaks in seemingly inconsistent ways. I examine and reject some possible explanations of this. Misconduct too looks …
The Unruliness Of Rules, Peter A. Alces
Public Reason As A Public Good, Aaron-Andrew P. Bruhl
Public Reason As A Public Good, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
About Morality And The Nature Of Law, Joseph Raz
About Morality And The Nature Of Law, Joseph Raz
Faculty Scholarship
In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.
How To Be A Moorean, Donald H. Regan
How To Be A Moorean, Donald H. Regan
Articles
G. E. Moore’s position in the moral philosophy canon is paradoxical. On the one hand, he is widely regarded as the most influential moral philosopher of the twentieth century. On the other hand, his most characteristic doctrines are now more often ridiculed than defended or even discussed seriously. I shall discuss briefly a number of Moorean topics—the nonnaturalness of “good,” the open question argument, the relation of the right and the good, whether fundamental value is intrinsic, and the role of beauty—hoping to explain how a philosophically informed person could actually be a Moorean even today.1
Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider
Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Law And Judicial Duty, Philip A. Hamburger
Law And Judicial Duty, Philip A. Hamburger
Faculty Scholarship
Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."
He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …