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Articles 1 - 30 of 137
Full-Text Articles in Law
Green Is The New Black: Exploring How A Philosophical Approach To The Fashion Industry Will Reduce Its Environmental Impact, Darion A. Gibbs
Green Is The New Black: Exploring How A Philosophical Approach To The Fashion Industry Will Reduce Its Environmental Impact, Darion A. Gibbs
Student Theses and Dissertations
The fashion industry is the third largest contributor to pollution globally, behind only oil and agriculture. It also accounts for one-fifth of the plastic produced annually. Despite its impact, it is hard to trace accountability. For example, mega-retailers often outsource production to developing countries, without strong structures of accountability for their environmental impact. In addition, companies often claim to be environmentally sustainable, but it is easy to inflate the truth, and entities designed to protect consumers have limited enforcement. In this context, who should be held responsible for the fashion industry’s contribution to climate change?
In response, this thesis delves …
Demons & Droids: Nonhuman Animals On Trial, Gerrit D. White
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 …
Addressing The Harms Of Pornography, Gillian Allison
Addressing The Harms Of Pornography, Gillian Allison
Honors Theses
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 …
Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley
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 …
Keeping Faith With Nomos, Steven L. Winter
The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good
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
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Real Legal Realism, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Michael S. Green
No abstract provided.
"Being Mindful" And Becoming A "Harmony Worker" During Unsettling Times.Docx
"Being Mindful" And Becoming A "Harmony Worker" During Unsettling Times.Docx
Carroy U "Cuf" Ferguson, Ph.D.
Who Is Baby Girl? A Philosophical Discussion Of The Legal Obligation To Define Authenticity, Madison Hayes
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
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Bodies On The Margins: A Multitude Of Voices, Kevin Timpe
Bodies On The Margins: A Multitude Of Voices, Kevin Timpe
University Faculty Publications and Creative Works
Kevin Timpe Reviews Elizabeth Barnes’ The Minority Body: A Theory of Disability
You And The Time, Phillip A. Trezza
You And The Time, Phillip A. Trezza
Mighty Pen Project Anthology & Archive
A medic reflects on how things have changed in his life over time.
Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.
Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin
Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin
Manuscript Collection
(The Dorothy Moser Medlin Papers are currently in processing.)
This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.
Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …
The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni
The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni
All Faculty Scholarship
Intransitive choices, or cycling, are generally held to be the mark of irrationality. When a set of rules engenders such choices, it is usually held to be irrational and in need of reform. In this article, we prove a series of theorems, demonstrating that all feasible legal regimes are going to be rife with cycling. Our first result, the legal cycling theorem, shows that unless a legal system meets some extremely restrictive conditions, it will lead to cycling. The discussion that follows, along with our second result, the combination theorem, shows exactly why these conditions are almost impossible to meet. …
Problems With Using Statistics To Justify Institutional Policies, Justin Shin
Problems With Using Statistics To Justify Institutional Policies, Justin Shin
Senior Projects Spring 2017
It is becoming increasingly common for institutions to use statistics to inform policy decisions. We should be prepared to ask ourselves what regulatory principles should be imposed on institutions that seek to justify certain policies through deference to a statistical analysis. This paper will examine the difficulties that come with using statistics to justify actions, and argue that certain standards of transparency and verifiability should be expected from any institution that seeks to involve a statistical analysis in the formation of policies. I will first use Market Share Liability, an established use of statistics, to draw out what responsibilities an …
The Tragedy Of Justice Scalia, Mitchell N. Berman
The Tragedy Of Justice Scalia, Mitchell N. Berman
All Faculty Scholarship
Justice Antonin Scalia was, by the time of his death last February, the Supreme Court’s best known and most influential member. He was also its most polarizing, a jurist whom most students of American law either love or hate. This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia’s Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see—the other side of Scalia’s legacy. Along the way, it critically assesses Scalia’s particular brand of …
The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez
The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez
Honors Undergraduate Theses
Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …
Judgment, Philippe Nonet
Do You Sincerely Want To Be Radical, Phillip Johnson
Do You Sincerely Want To Be Radical, Phillip Johnson
Phillip Johnson
No abstract provided.
What Is Positive Law, Philippe Nonet
Carl Cohen’S ‘Kind’ Arguments For Animal Rights And Against Human Rights, Nathan Nobis
Carl Cohen’S ‘Kind’ Arguments For Animal Rights And Against Human Rights, Nathan Nobis
Nathan M. Nobis, PhD
Carl Cohen’s arguments against animal rights are shown to be unsound. His strategy entails that animals have rights, that humans do not, the negations of those conclusions, and other false and inconsistent implications. His main premise seems to imply that one can fail all tests and assignments in a class and yet easily pass if one’s peers are passing and that one can become a convicted criminal merely by setting foot in a prison. However, since his moral principles imply that nearly all exploitive uses of animals are wrong anyway, foes of animal rights are advised to seek philosophical consolations …
Faut-Il Obéir À La Loi ? – Les Pensées Politiques Des Femmes Dans La Littérature Épistolaire Et Les Mémoires Choisis À L’Époque De La Révolution Française, Justyna Czader
Open Access Theses
L'écriture est un témoin qui est difficilement corrompu-Montesquieu, L'esprit des lois. Mémoires and lettres de prisons take us to places we haven't been: prisons in bloody revolutionary Paris and the deadly Place de la Concorde. Women with different social backgrounds fought for their rights denied officially by the revolutionary authorities. They fought back was through plays, mémoires or letters. According to Philippe Lejeune, since the 18th century autobiography has become a phenomenon of civilization. I argue that the lettres de prison present not only a form of epistolary communication, but also as many personal testimonies, recollections of events and emotions …
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
No abstract provided.
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Michael S. Green
No abstract provided.
The Real Legal Realism, Michael S. Green
Introduction To The Value Of Personal Data, Mireille Hildebrandt, Kieron O'Hara, Michael Waidner
Introduction To The Value Of Personal Data, Mireille Hildebrandt, Kieron O'Hara, Michael Waidner
Mireille Hildebrandt
This Chapter provides an introduction to and overview of the 2013 Yearbook of the Digital Enlightenment Forum, on the subject of the value of personal data. It discusses why we should care about the current monetization of our personal data and raises the issue of whether and, if so, how user-centric personal data ecosystems help to rebalance power asymmetries between individual citizens and large Personal Data Processing Systems.
The Death Of Punishment: Searching For Justice Among The Worst Of The Worst, Robert I. Blecker
The Death Of Punishment: Searching For Justice Among The Worst Of The Worst, Robert I. Blecker
Books
For twelve years Robert Blecker, a criminal law professor at New York Law School, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder.The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, Professor Blecker exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often …
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Stephen E Henderson
A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …