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Articles 1 - 7 of 7
Full-Text Articles in Law
Science, Humanity, And Atrocity: A Lawyerly Examination, Steven D. Smith
Science, Humanity, And Atrocity: A Lawyerly Examination, Steven D. Smith
Michigan Law Review
Joseph Vining's reflection on (as the subtitle indicates) the claims of science and humanity begins with a terse but disturbing recitation of these and similar scientific experiments conducted on human beings during the twentieth century in Manchuria, Nazi Germany, and Pol Pot's Cambodia. The incidents are conveyed through quotations, sometimes of the coldly clinical prose that the researchers themselves chose as most suitable for their purposes. These quotations are juxtaposed against others from an array of distinguished scientists and philosophers explaining the naturalistic cosmology that, in the view of these thinkers, modern science has given us: it is a stark, …
Herbert Hart Elucidated, A. W. Brian Simpson
Herbert Hart Elucidated, A. W. Brian Simpson
Michigan Law Review
There are a number of good biographies of judges, but very few of individual legal academics; indeed, so far as American legal academics are concerned, the only one of note that comes to mind is William Twining's life of Karl Llewellyn. Llewellyn was, of course, a major figure in the evolution of American law, and his unusual life was a further advantage for his biographer. In this biography, Nicola Lace has taken as her subject an English academic who also had an unusual career, one whose contribution was principally not to the evolution of the English legal system but to …
What Nobody Knows, John C. P. Goldberg
What Nobody Knows, John C. P. Goldberg
Michigan Law Review
By meditating on displays of cunning in literature, history, and current events, Don Herzog in his new book isolates and probes difficult puzzles concerning how to understand and evaluate human conduct. The point of the exercise is not to offer a system or framework for resolving these puzzles. Quite the opposite, Cunning aims to discomfit its academic audience in two ways. First, it sets out to show that some of the central dichotomies of modem thought-those between means and ends, reason and desire, self-interest and morality, fact and value, virtue and vice, knowledge and politics, authenticity and artifice, and appearance …
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Michigan Law Review
Most academics who have written on coercive interrogation believe that its use is justified in extreme or catastrophic scenarios but that nonetheless it should be illegal. They argue that formal illegality will not prevent justified use of coercive interrogation because government agents will be willing to risk criminal liability and are likely to be pardoned, acquitted, or otherwise forgiven if their behavior is morally justified. This outlaw and forgive approach to coercive interrogation is supposed to prevent coercive interrogation from being applied in inappropriate settings, to be symbolically important, and nonetheless to permit justified coercive interrogation. We argue that the …
On Justitia, Race, Gender, And Blindness, I. Bennett Capers
On Justitia, Race, Gender, And Blindness, I. Bennett Capers
Michigan Journal of Race and Law
This Essay focuses on Justitia's more problematic attributes. Like Justitia's blindfold, which has been described as "the most enigmatic" of her traits. Is the blindfold merely emblematic of Justitia's purported impartiality, her claim to algorithmic justice? As law professor Costas Douzinas and art historian Lynda Nead have asked, does the blindfold enable Justitia "to avoid the temptation to see the face that comes to the law and put the unique characteristics of the concrete person before the abstract logic of the institution"? Or does the blindfold signify something more, a second sight of sorts? Maybe that Justitia, unable to see, …
What's Real For Law?, Jospeh Vining
What's Real For Law?, Jospeh Vining
Articles
Law is not academic. The univeristy if not its home. Law is in the wider world and is pervasive there, in language, thought, and action.
The Limits Of Courage And Principle, Jedediah Purdy
The Limits Of Courage And Principle, Jedediah Purdy
Michigan Law Review
Michael Ignatieff, the director of the Carr Center for Human Rights at Harvard's Kennedy School of Government, is not a lawyer. His work, however, treats issues of core concern to lawyers: nation-building, human rights, the ethics of warfare, and now, in his latest book, the proper relationship between liberty and security. The Lesser Evil is, in part, a book a legal scholar might have written: a normative framework for lawmaking in the face of the terror threat. It is also something more unusual: an exercise in an older type of jurisprudence. Ignatieff discusses law in the light of moral psychology …