Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Philosophy

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 389

Full-Text Articles in Law

The Effect Of Learning Strategy For Understanding In The Collection Of Fifth Grade Students In Philosophy, Psychology And The Development Of Their Logical Intelligence, Ahmed B. Ahmed Dec 2022

The Effect Of Learning Strategy For Understanding In The Collection Of Fifth Grade Students In Philosophy, Psychology And The Development Of Their Logical Intelligence, Ahmed B. Ahmed

Journal of STEPS for Humanities and Social Sciences

The current study aims to identify the impact of the learning strategy for understanding on the achievement of fifth grade literary students in the subject of philosophy and psychology and the development of their logical intelligence. As there is no statistically significant difference at the level of significance between the average scores of the students of the experimental group that studied according to the learning for understanding strategy, and the average scores of the control group that studied in the usual way in the achievement test in philosophy and psychology. There is no difference. It is statistically significant between the …


The Effect Of The Julai Model On Developing Convergent Thinking Among Fifth-Grade Literary Students In The Subject Of Philosophy And Psychology, Mahmoud Khalil Hamad Dec 2022

The Effect Of The Julai Model On Developing Convergent Thinking Among Fifth-Grade Literary Students In The Subject Of Philosophy And Psychology, Mahmoud Khalil Hamad

Journal of STEPS for Humanities and Social Sciences

The research aims to identify the effect of the Julai model in developing convergent thinking among fifth-grade literary students in the subject of philosophy and psychology. In order to achieve the goal of the research, the researcher formulated the following hypotheses:

1-There is no statistically significant difference at the significance level (0.05) between the average scores of the experimental group students who study philosophy and psychology according to the Julai model and the average scores of the control group students who study the same subject in the usual way in the post test of convergent thinking.

2-There is no statistically …


Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate Nov 2022

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Demons & Droids: Nonhuman Animals On Trial, Gerrit D. White Oct 2022

Demons & Droids: Nonhuman Animals On Trial, Gerrit D. White

PANDION: The Osprey Journal of Research and Ideas

Nonhuman animal trials are ridiculous to the modern sensibilities of the West. The concept of them is in opposition to the idea of nonhuman animals—entities without agency, incapable of guilt by nature of irrationality. This way of viewing nonhuman animals is relatively new to the Western mind. Putting nonhuman animals on trial has only become unacceptable in the past few centuries. Before this shift, nonhuman animal trials existed as methods of communities policing themselves. More than that, these trials were part of legal systems ensuring they provided justice for all. This shift happened because the relationship between Christian authorities and …


Textualism Today: Scalia’S Legacy And His Lasting Philosophy, Chase Wathen Jun 2022

Textualism Today: Scalia’S Legacy And His Lasting Philosophy, Chase Wathen

University of Miami Law Review

Appointed to the Supreme Court in 1986 by President Reagan, Justice Antonin Scalia redefined the philosophy of textualism. Although methods like the plain meaning rule had been around for over a century, the textualist philosophy of today was not mainstream. While Scalia’s textualism is thought to be a conservative philosophy, Scalia consistently maintained that it was judicial restraint rather than conservatism at the heart of his method. The key tenant of Scalia’s new textualism was an outright rejection of legislative history, which he often brought up in opinions only to mock and dismiss as irrelevant. Starting with the hypothesis that …


The Conflict Of Rights In The Moral Community, Rebecca Spicer-Keller May 2022

The Conflict Of Rights In The Moral Community, Rebecca Spicer-Keller

Masters Theses

This thesis will delve into the moral arguments regarding abortion. I will argue that abortion is morally permissible until the fetus reaches consciousness. Once the fetus has gained consciousness, it has the capacity to develop and become an autonomous person and therefore joins the moral community and has rights.

Autonomy is important, and the respect for autonomy must be extended to conscious fetuses. Individual autonomy is a person's capacity to make decisions for themselves and about live their life according to reasons and motives that are free from external forces (Christman, 2020). Autonomous agency is necessary for equal political standing …


A New Metaphor: How Artificial Intelligence Links Legal Reasoning And Mathematical Thinking, Melissa E. Love Koenig, Colleen Mandell Apr 2022

A New Metaphor: How Artificial Intelligence Links Legal Reasoning And Mathematical Thinking, Melissa E. Love Koenig, Colleen Mandell

Marquette Law Review

Artificial intelligence’s (AI’s) impact on the legal community expands exponentially each year. As AI advances, lawyers have more powerful tools to enhance their ability to research and analyze the law, as well as to draft contracts and other legal documents. Lawyers are already using tools powered by AI and are learning to shift their methodologies to take advantage of these enhancements. To continue to grow into their shifting role, lawyers should understand the relationship between AI, mathematics, and legal reasoning.


“You Keep Using That Word”: Why Privacy Doesn’T Mean What Lawyers Think, Joshua A.T. Fairfield Jan 2022

“You Keep Using That Word”: Why Privacy Doesn’T Mean What Lawyers Think, Joshua A.T. Fairfield

Scholarly Articles

This article explores how the need to define privacy has impeded our ability to protect it in law.

The meaning of “privacy” is notoriously hard to pin down. This article contends that the problem is not with the word “privacy,” but with the act of trying to pin it down. The problem lies with the act of definition itself and is particularly acute when the words in question have deep-seated and longstanding common-language meanings, such as liberty, freedom, dignity, and certainly privacy. If one wishes to determine what words like these actually mean to people, definition is the wrong tool …


Moby-Dick As Corporate Catastrophe: Law, Ethics, And Redemption, David Yosifon Dec 2021

Moby-Dick As Corporate Catastrophe: Law, Ethics, And Redemption, David Yosifon

Faculty Publications

Herman Melville’s Moby-Dick serves here as a vehicle through which to interrogate core features of American corporate law and excavate some of the deeper lessons about the human soul that lurk behind the pasteboard mask of the law’s black letter. The inquiry yields an illuminating vantage on the ethical consequences of corporate capital structure, the law of corporate purpose, the meaning of voluntarism, the ethical stakes of corporate fiduciary obligations, and the role of lawyers in preventing or facilitating corporate catastrophe. No prior familiarity with the novel or corporate law is required.


Addressing The Harms Of Pornography, Gillian Allison Oct 2021

Addressing The Harms Of Pornography, Gillian Allison

Honors Theses, University of Nebraska-Lincoln

Within this paper I look at the existing philosophical work on pornography, from scholars like Catherine MacKinnon, Ronald Dworkin, and Rae Langton to show the current state of the pornography debate that I intend to enter by presenting my own argument about the morality of pornography. I argue that while pornography is harmful, these harms are best resolved through increased sexual education and the popularization and production of more inclusive pornography. The harms pornography causes are so great because pornography is where a lot of people learn about sex. Pornography was never designed to depict an average sexual experience. If …


What Is "United" About The United States?, Gary S. Lawson Oct 2021

What Is "United" About The United States?, Gary S. Lawson

Faculty Scholarship

Jack Balkin’s The Cycles of Constitutional Time aims, among other things, to preserve and promote what Jack regards as “democracy and republicanism,” understood as “a joint enterprise by citizens and their representatives to pursue and promote the public good.” My question is whether and how this normative project is possible in a world full of perceptions of social, political, and moral phenomena akin to the white dress/blue dress internet controversy of 2015. Even if Madison had the better of Montesquieu in 1788 (and that is questionable), the United States has grown dramatically since the founding era, in a patchwork, and …


Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley May 2021

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …


Reflection On The Philosophy Behind The Exemption To Notice Of Employment Termination A Study In The Light Of The Jordanian Labour Law 1996, Firas Kasassbeh Mar 2021

Reflection On The Philosophy Behind The Exemption To Notice Of Employment Termination A Study In The Light Of The Jordanian Labour Law 1996, Firas Kasassbeh

UAEU Law Journal

Under the Jordanian Labour Act 1996, it is not permissible for the employer to terminate the employee’s contract without giving the labourer/ employee at least one month notice before the date of termination. This is because sudden dismissal may cause hardship on the employee such as finding him/herself unemployed. However, there are cases where the employer is exempted from giving such notice due to either the nature of the contract (such as in the case of definite period contracts and the case of employment under probation), or the nature of termination (such as in the cases where the termination is …


Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman Jan 2021

Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman

Touro Law Review

No abstract provided.


The Icc Should Not Encourage Occupation, Uri Weiss Jan 2021

The Icc Should Not Encourage Occupation, Uri Weiss

Touro Law Review

No abstract provided.


Legacies Of Pragmatism, Robert L. Tsai Jan 2021

Legacies Of Pragmatism, Robert L. Tsai

Faculty Scholarship

Pragmatism has triumphed in the law by becoming all things to all people—or has it? This essay, prepared for a symposium at Drake University Law School's Constitutional Law Center, examines the future of pragmatism in constitutional thought. First, I revisit the work of William James to recover the ideal disposition of a pragmatist decision maker. Second, I analyze pragmatism's impact on constitutional theory from Richard Posner to Cass Sunstein, from Philip Bobbitt to Willy Forbath and Joey Fishkin. I show that pragmatism lives on in constitutional theories that don't self-consciously characterize themselves in such terms. I also contend that pragmatism …


Free Speech In The Digital Age: Deepfakes And The Marketplace Of Ideas, Suyoung Baek May 2020

Free Speech In The Digital Age: Deepfakes And The Marketplace Of Ideas, Suyoung Baek

Honors Theses (PPE)

The threat of deepfakes is well-documented in the existing literature. Deepfake technology has emerged as a powerful tool with which vulnerable individuals could easily become targets of novel forms of exploitation and sabotage. Additionally, deepfakes’ unique capacity to distort people’s sense of reality exacerbates truth decay. The growing influence of social media and our deep-rooted cognitive biases further escalate the harms of deepfakes. Despite these apparent concerns, scholars have noted that the regulation of deepfakes confronts a constitutional challenge in the American context, stemming from Supreme Court cases such as New York Times v. Sullivan and U.S. v. Alvarez. In …


Keeping Faith With Nomos, Steven L. Winter Jan 2020

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.


The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good Dec 2019

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16th and 18th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …


"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman Sep 2019

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Real Legal Realism, Michael S. Green Sep 2019

The Real Legal Realism, Michael S. Green

Michael S. Green

No abstract provided.


International Law And Dworkin's Legal Monism, Michael S. Green Sep 2019

International Law And Dworkin's Legal Monism, Michael S. Green

Michael S. Green

No abstract provided.


Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green Sep 2019

Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green

Michael S. Green

No abstract provided.


Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green Sep 2019

Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green

Michael S. Green

In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.


Copyrighting Facts, Michael S. Green Sep 2019

Copyrighting Facts, Michael S. Green

Michael S. Green

No abstract provided.


"Being Mindful" And Becoming A "Harmony Worker" During Unsettling Times.Docx Aug 2019

"Being Mindful" And Becoming A "Harmony Worker" During Unsettling Times.Docx

Carroy U "Cuf" Ferguson, Ph.D.

Let us be mindful of our individual and collective past in order to learn what works and does not work for our individual and collective Well Being.
Let us seek and find ways to experience Joy as a way "to be" in the present for our individual and collective Well Being.
And, let us create and implement Visions for evolving our consciousness in ways that can sustain our individual and collective Well Being.


A Conspiracy Of Life: A Posthumanist Critique Of Appoaches To Animal Rights In The Law, Barnaby E. Mclaughlin Feb 2019

A Conspiracy Of Life: A Posthumanist Critique Of Appoaches To Animal Rights In The Law, Barnaby E. Mclaughlin

University of Massachusetts Law Review

Near the end of his life, Jacques Derrida, one of the most influential philosophers of the twentieth century, turned his attention from the traditional focus of philosophy, humans and humanity, to an emerging field of philosophical concern, animals. Interestingly, Derrida claimed in an address entitled The Animal That Therefore I Am that,

since I began writing, in fact, I believe I have dedicated [my work] to the question of the living and of the living animal. For me that will always have been the most important and decisive question. I have addressed it a thousand times, either directly or obliquely, …


Of Law And Other Artificial Normative Systems, Mitchell N. Berman Jan 2019

Of Law And Other Artificial Normative Systems, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

Different theories of law are situated within different pictures of our normative landscape. This essay aims to make more visible and attractive one picture that reflects basic positivist sensibilities yet is oddly marginalized in the current jurisprudential literature. The picture that I have in mind tries to vindicate surface appearances. It maintains that the social world is densely populated by countless normative systems of human construction (“artificial normative systems”) whose core functions are to generate and maintain norms (oughts, obligations, powers, rights, prohibitions, and the like). The norms that these systems output are conceptually independent from each other, and may …


Who Is Baby Girl? A Philosophical Discussion Of The Legal Obligation To Define Authenticity, Madison Hayes Jan 2019

Who Is Baby Girl? A Philosophical Discussion Of The Legal Obligation To Define Authenticity, Madison Hayes

Honors College Theses

In the later twentieth century, American law attempted to address legacies of unjust treatment of Native Americans though legislation like the Indian Child Welfare Act, which requires considering Native American identity in child custody decisions. This created some complex legal questions about exactly what constituted Native identity. The Supreme Court case, Adoptive Couple v. Baby Girl, exposed a number of problems that arose from determining authentic tribal identity. To offer a more precise analysis of the problem of identity in American law, I will engage in philosophical investigations into the nature of authenticity, bringing in the work of the …


The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry Oct 2018

The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry

Suzanna Sherry

No abstract provided.