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Articles 1 - 6 of 6
Full-Text Articles in Law
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander
Gregory S Alexander
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 …
Freedom, Benefit And Understanding: Reflections On Laurence Claus's Critique Of Authority, John Finnis
Freedom, Benefit And Understanding: Reflections On Laurence Claus's Critique Of Authority, John Finnis
Journal Articles
Written for a symposium in the University of San Diego Law School in September 2013 on Laurence Claus, Law’s Evolution and Human Understanding (New York: Oxford University Press, 2012), this article appears in the final issue of volume 52 of the San Diego Law Review. With new illustrations and considerations suggested by the book, the article argues for a number of theses: “Because I/we say so” is never a reasonable ground or formulation of authoritative acts such as enactments or parental or other orders. The moral authority of rule makers is never peremptory in a binary (all or nothing) as …
Synthetic Cdos, Conflicts Of Interest, And Securities Fraud, Jennifer O'Hare
Synthetic Cdos, Conflicts Of Interest, And Securities Fraud, Jennifer O'Hare
University of Richmond Law Review
No abstract provided.
Filial Obligation In Contemporary China: Evolution Of The Culture-System, Xiaoying Qi
Filial Obligation In Contemporary China: Evolution Of The Culture-System, Xiaoying Qi
Faculty of Law, Humanities and the Arts - Papers (Archive)
Family obligation, which has an exceptionally high salience in traditional Chinese society, continues to be significant in contemporary China. In family relations in particular sentiments and practices morphologically similar to those associated with xiao (filial piety) remains intact in so far as an enduring set of expectations concerning age-based obligation continues to structure behavior toward others. Researchers pursuing the theme of “individualization” in Chinese society, on the other hand, argue that family obligations and filial sentiments have substantially weakened. The present paper will show that under conditions of cultural and social change in China filial behavior through family obligation continues …
Borrowing By Any Other Name: Why Presidential "Spending Cuts" Would Still Exceed The Debt Ceiling, Neil H. Buchanan, Michael C. Dorf
Borrowing By Any Other Name: Why Presidential "Spending Cuts" Would Still Exceed The Debt Ceiling, Neil H. Buchanan, Michael C. Dorf
UF Law Faculty Publications
On three occasions since mid-2011, the United States has come perilously close to exhausting its borrowing authority under a statutory limit commonly called the "debt ceiling." In prior work, the current authors argued that, in the event that the debt ceiling is reached, the President will face a "trilemma" in which any realistic action he takes — defaulting on government obligations, raising taxes, or issuing debt in excess of the statutory ceiling — would unconstitutionally usurp legislative power. We argued that in such circumstances, violating the debt ceiling would be the "least unconstitutional option." Nonetheless, most pundits and politicians, including …
Law As Fact And As Reason For Action: A Response To Robert Alexy On Law's 'Ideal Dimension', John M. Finnis
Law As Fact And As Reason For Action: A Response To Robert Alexy On Law's 'Ideal Dimension', John M. Finnis
Journal Articles
Robert Alexy’s 2013 Natural Law Lecture, published in vol. 58 of the American Journal of Jurisprudence, presents law as having two dimensions, ideal and real, and thus a dual nature, to be elucidated by a conceptual analysis distinguishing between the observer’s and the participant’s perspective. It argues on this basis for a “non-positivist” theory of law that is “inclusive” in that it classifies some unjust laws as laws, but not all (and is thus not “super-inclusive”); it rejects the “exclusive non-positivism” that would treat every injustice in a law’s making or content as excluding it from the class of valid …