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Jurisprudence

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Articles 1591 - 1620 of 2134

Full-Text Articles in Law

The Paradox Of Punishment, Paul Campos Jan 1992

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.


Writing For Judges, Pierre Schlag Jan 1992

Writing For Judges, Pierre Schlag

Publications

No abstract provided.


A Mirror For The Magistrate, Paul Campos Jan 1992

A Mirror For The Magistrate, Paul Campos

Publications

No abstract provided.


From Righteousness To Beauty: Reflections On Poethics And Justice As Translation, Emily A. Hartigan Jan 1992

From Righteousness To Beauty: Reflections On Poethics And Justice As Translation, Emily A. Hartigan

Faculty Articles

Both Richard Weisberg and James Boyd White are eminent figures in the academic field of law and literature. As lines between philosophy and literature blur, the stance of “judgment” becomes more like a reflective aesthetic evaluation than a critique through formal logic. Law is, as Weisberg and White agree, more art than science. Yet, for all their contributions to the study of law, including their ostensibly shared realm of mediation, the two create a combative, hierarchic tone of discourse by the near-total exclusion of women from their texts.

Law as conversation is not primarily war through or with words. Rather, …


A Meditation On The Theoretics Of Practice, Robert Dinerstein Jan 1992

A Meditation On The Theoretics Of Practice, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr. Jan 1992

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.


One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver Jan 1992

One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver

Scholarly Works

In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …


Testing Right - Lying In View Of Justice, Peter Fenves Dec 1991

Testing Right - Lying In View Of Justice, Peter Fenves

Cardozo Law Review

Walter Benjamin: Justice, Right and the Critique of Violence


The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky Dec 1991

The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky

Cardozo Law Review

No abstract provided.


Comment On Fenves And Heller, M. M. Slaughter Dec 1991

Comment On Fenves And Heller, M. M. Slaughter

Cardozo Law Review

No abstract provided.


Civil Disobedience And Deconstruction, Drucilla Cornell Dec 1991

Civil Disobedience And Deconstruction, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Carno-Phallogocentrism, Gary L. Francione Dec 1991

Carno-Phallogocentrism, Gary L. Francione

Cardozo Law Review

No abstract provided.


Law And Right, William J. Richardson Dec 1991

Law And Right, William J. Richardson

Cardozo Law Review

No abstract provided.


Decision And Inference, Peter Tillers Nov 1991

Decision And Inference, Peter Tillers

Cardozo Law Review

No abstract provided.


The Nature Of Juridicial Proof, Ronald J. Allen Nov 1991

The Nature Of Juridicial Proof, Ronald J. Allen

Cardozo Law Review

No abstract provided.


The Blue Bus Stop: On Professors' Stories And The Stories Plantiffs Tell, James Brook Nov 1991

The Blue Bus Stop: On Professors' Stories And The Stories Plantiffs Tell, James Brook

Cardozo Law Review

No abstract provided.


Extending The Conversation About Bayes, Bernard Robertson, G. A. Vignaux Nov 1991

Extending The Conversation About Bayes, Bernard Robertson, G. A. Vignaux

Cardozo Law Review

No abstract provided.


Refocusing The New Evidence Scholarship, Terence J. Anderson Nov 1991

Refocusing The New Evidence Scholarship, Terence J. Anderson

Cardozo Law Review

No abstract provided.


In The Cauldron Of Jurisprudence: The View From Within The Stew, P. John Kozyris Sep 1991

In The Cauldron Of Jurisprudence: The View From Within The Stew, P. John Kozyris

Journal of Legal Education

No abstract provided.


Teaching Transformative Jurisprudence, Vincent Robert Johnson Sep 1991

Teaching Transformative Jurisprudence, Vincent Robert Johnson

Journal of Legal Education

No abstract provided.


Liberalism, Community, And State Borders, Lea Brilmayer Sep 1991

Liberalism, Community, And State Borders, Lea Brilmayer

Duke Law Journal

No abstract provided.


Foreword, David Rudenstine Jun 1991

Foreword, David Rudenstine

Cardozo Law Review

No abstract provided.


My Pizza With Ninó, Alex Kozinski Jun 1991

My Pizza With Ninó, Alex Kozinski

Cardozo Law Review

No abstract provided.


The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam Jun 1991

The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam

Cardozo Law Review

No abstract provided.


Precedent And Authority In Antonin Scalia’S Jurisprudence, Robert A. Burt Jun 1991

Precedent And Authority In Antonin Scalia’S Jurisprudence, Robert A. Burt

Cardozo Law Review

No abstract provided.


Tradition, Precedent, And Justice Scalia, David A. Strauss Jun 1991

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.


Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman Jun 1991

Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman

Cardozo Law Review

No abstract provided.


Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner Jun 1991

Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner

Cardozo Law Review

No abstract provided.


Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar Jun 1991

Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar

Cardozo Law Review

No abstract provided.


Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen May 1991

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …