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Full-Text Articles in Law

Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel Dec 2006

Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel

Cornell Law Faculty Publications

Imagine two citizens, one of whom obeys the law only in order to avoid being sanctioned for noncompliance, the other of whom looks to the law for guidance, and regards legal directives as legitimate reasons for action in themselves. These two hypothetical citizens represent Oliver Wendell Holmes' metaphorical bad man and H.L.A. Hart's puzzled man, respectively. Both citizens take the law into account in their practical reasoning, but they are concerned with very different kinds of reasons created by law. Hart argues that the bad citizen's point of view is inadequate to capture the law's distinctive normativity. In response, some …


Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett Sep 2006

Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett

Cornell Law Faculty Working Papers

Despite over a century’s disputation and attendant opportunity for clarification, the field of inquiry now loosely labeled “welfare economics” (WE) remains surprisingly prone to foundational confusions. The same holds of work done by many practitioners of WE’s influential offshoot, normative “law and economics” (LE).

A conspicuous contemporary case of confusion turns up in recent discussion concerning “fairness versus welfare.” The very naming of this putative dispute signals a crude category error. “Welfare” denotes a proposed object of distribution. “Fairness” describes and appropriate pattern of distribution. Welfare itself is distributed fairly or unfairly. “Fairness versus welfare” is analytically on all fours …


Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum Aug 2006

Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article uses the example of international women's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose important …