Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 15 of 15
Full-Text Articles in Law
Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein
Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein
Publications
Pragmatism dominates contemporary legal thought, but knowing this isn’t knowing so much. Legal pragmatism means different things to different people, and as this essay argues, minimalist and experimentalist forms of regulation both share a broadly pragmatic sensibility about law and democracy. As a consequence, we need to tease out the various threads of legal pragmatism in the hope of distinguishing the pragmatisms that work from the ones that don’t, or less pragmatically, the ones that are just from the ones that are not. This knowledge will come from an ongoing assessment of the political stakes immanent in the pragmatisms, and …
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Desautels-Stein
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Desautels-Stein
Publications
This Article has two primary goals. The first is descriptive and seeks to respond to what appears to be an increasing degree of confusion over the word "pragmatism," especially as it is used in a good deal of legal literature. This descriptive aim begins by separating out three general categories of pragmatism: (1) the so-called "everyday" pragmatism familiar to the American vernacular, (2) the classical philosophy of the early pragmatist authors like William James and John Dewey, and (3) pragmatism as understood in the context of law. The majority of the Article is subsequently concerned with exploring this last category, …
Three Versions Of Nonsense, Paul Campos
Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber
Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber
Publications
Modern criminal law is intensely one-sided in its treatment of victims and defendants. Crime victims and criminal defendants do not enter the trial process on an equal moral footing. Rather, from the beginning victims are assumed blameless, truthful, and even beyond doubt, while defendants are guilty, not worthy of credence, and immoral. This one-sided view of victims, however, is a fiction. As any other people, victims differ in their characterizations. Some are indeed trustworthy, truthful, blameless and ultimately innocent. Others, however, are bad actors themselves, have memory failures, falsely identify, provoke, and even lie. Some victims are in fact, and …
My Dinner At Langdell's, Pierre Schlag
My Dinner At Langdell's, Pierre Schlag
Publications
This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.
The Aesthetics Of American Law, Pierre Schlag
The Aesthetics Of American Law, Pierre Schlag
Publications
Before the ethical dreams and political ambitions of law can even be articulated, let alone realized, the aesthetics of law have already shaped the medium within which those projects will have to do their work. This work attempts to retrieve and expose those recurrent forms that shape the creation, apprehension, and identity of law. What is at stake is an attempt to reveal the aesthetics within which American law is cast. The point is not simply to appreciate these aesthetics, but to understand how "substantive" conflicts in law are often motivated, sustained and circumscribed by the aesthetics through which they …
Law And Phrenology, Pierre Schlag
Law And Phrenology, Pierre Schlag
Publications
As the intellectual credentials of American law become increasingly dubious, the question arises: how has this discipline been intellectually organized to sustain belief among its academic practitioners? This Commentary explores the nineteenth-century pseudo-science of phrenology as a way of gaining insight into the intellectual organization of American law. Although there are, obviously, significant differences, the parallels are at once striking and edifying. Both phrenology and law emerged as disciplinary knowledges through attempts to cast them in the form of sciences. In both cases, the "sciences" were aesthetically organized around a fundamental ontology of reifications and animisms -- "faculties" in the …
The Empty Circles Of Liberal Justification, Pierre Schlag
The Empty Circles Of Liberal Justification, Pierre Schlag
Publications
No abstract provided.
Values, Pierre Schlag
A Heterodox Catechism, Paul Campos
The Paradox Of Punishment, Paul Campos
The Paradox Of Punishment, Paul Campos
Publications
Retribution demands reciprocity. In this Essay, Professor Campos contends that classic retributive theory encounters a logical paradox when it attempts to equalize the status of criminal and victim through the institution of punishment. This paradox arises out of a clash between the deontological requirements of equality and justice. He concludes by speculating on the historical relationship between rationalist justifications for vengeance and the elimination of punishment as public spectacle.
Foreword: Postmodernism And Law, Pierre Schlag
"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
Publications
No abstract provided.
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Publications
No abstract provided.
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
No abstract provided.