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Full-Text Articles in Law
Was Ellen Wronged?, Stephen P. Garvey
Was Ellen Wronged?, Stephen P. Garvey
Cornell Law Faculty Publications
Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority is has depends on how well it adheres to the demands of morality inasmuch as morality is the only …
Why 'Nonexistent People' Do Not Have Zero Well-Being But No Well-Being At All, Ori J. Herstein
Why 'Nonexistent People' Do Not Have Zero Well-Being But No Well-Being At All, Ori J. Herstein
Cornell Law Faculty Publications
Some believe that the harm or benefit of existence is assessed by comparing a person’s actual state of well-being with the level of well-being they would have had had they never existed. This approach relies on ascribing a state or level of well-being to “nonexistent people,” which seems a peculiar practice: how can we attribute well-being to a “nonexistent person”? To explain away this oddity, some have argued that because no properties of well-being can be attributed to “nonexistent people” such people may be ascribed a neutral or zero level of well-being, setting the baseline for comparatively assessing the harm …
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory S. Alexander
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory S. Alexander
Cornell Law Faculty Publications
Private property ordinarily triggers notions of individual rights, not social obligations. The core image of property rights, in the minds of most people, is that the owner has a right to exclude others and owes no further obligation to them. That image is highly misleading. Property owners owe far more responsibilities to others, both owners and non-owners, than the conventional imagery of property rights suggests. Property rights are inherently relational, and because of this characteristic, owners necessarily owe obligations to others. But the responsibility, or obligation, dimension of private ownership has been sorely under-theorised. Inherent in the concept of ownership …
Jury Jokes And Legal Culture, Valerie P. Hans
Jury Jokes And Legal Culture, Valerie P. Hans
Cornell Law Faculty Publications
No abstract provided.