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Full-Text Articles in Law
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Vera Bergelson
This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed. Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …
Against Sovereignty: A Cautionary Note On The Normative Power Of The Actual, Patrick Mckinley Brennan
Against Sovereignty: A Cautionary Note On The Normative Power Of The Actual, Patrick Mckinley Brennan
Patrick McKinley Brennan
Drawing on classical and contemporary jurisprudence and political philosophy, this Essay argues that the Roberts Court should seize the next apt moment to abandon the doctrines of “sovereignty” and “sovereign dignity” that the Rehnquist Court developed over the decade that began with the 1996 decision in the Seminole case. Although pursued in service of the laudable goal of “our federalism,” these doctrines work a corruption of our legal, political, and moral self-understanding. As they do so, they distract the Court and the citizenry from the disciplined commitment to the rule of law and legal justice by which a body politic …
Universal Human Rights: A Generational History, Eric A. Engle
Universal Human Rights: A Generational History, Eric A. Engle
Eric A. Engle
The article outlines the generational theory of human rights evolving from first generation procedural individual freedoms from through second generation collective rights to into third generational aspirational goals. That model is generally true but womens rights and rights of non-white persons do not perfectly fit into that model being approximately one or even two generations delayed.
Prophecy And Casuistry: Abortion, Torture And Moral Discourse (Giannella Lecture), M. Cathleen Kaveny
Prophecy And Casuistry: Abortion, Torture And Moral Discourse (Giannella Lecture), M. Cathleen Kaveny
M. Cathleen Kaveny
No abstract provided.
The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan R. Lahn
The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan R. Lahn
Jonathan R Lahn
No abstract provided.