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Articles 1 - 26 of 26
Full-Text Articles in Law
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 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
Faculty Scholarship at Penn Carey Law
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. …
Book Review: Julie Dickson And Pavlos Eleftheriadis, Philosophical Foundations Of European Union Law, Arthur Dyevre
Book Review: Julie Dickson And Pavlos Eleftheriadis, Philosophical Foundations Of European Union Law, Arthur Dyevre
Arthur Dyevre
Change in the legal academy tends to be spurred by changes in the legal reality itself rather than by methodological and conceptual innovation emerging from within the discipline. In that sense, legal developments in the real world habitually seem to be ahead of the scholarship. A new phenomenon emerges, which legal scholars then try to apprehend via the established tools and categories of legal thought, soon to discover that these fail to capture the essence of the new reality. The first to experience the changed legal world are usually the scholars who are closest to practice; those who are intimate …
What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen
What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen
Faculty Scholarship at Penn Carey Law
No abstract provided.
James Wilson And The Scottish Enlightenment, William Ewald
James Wilson And The Scottish Enlightenment, William Ewald
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Perils Of Forgetting Fairness, Michael B. Dorff, Kimberly Kessler Ferzan
The Perils Of Forgetting Fairness, Michael B. Dorff, Kimberly Kessler Ferzan
Faculty Scholarship at Penn Carey Law
No abstract provided.
Liability Insurance, Moral Luck, And Auto Accidents, Tom Baker
Liability Insurance, Moral Luck, And Auto Accidents, Tom Baker
Faculty Scholarship at Penn Carey Law
Beginning with the seminal work by Williams and Nagel, moral philosophers have used auto accident hypotheticals to illustrate the phenomenon of moral luck. Moral luck occurs in the hypotheticals because (and to the extent that) two equally careless drivers are assessed differently because only one of them caused an accident. This article considers whether these philosophical discussions might contribute to the public policy debate over compensation for auto accidents. Using liability and insurance practices in the United States as an illustrative example, the article explains that auto liability insurance substantially mitigates moral luck and argues that, as a result, the …
The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick
The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick
Faculty Scholarship at Penn Carey Law
No abstract provided.
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
Faculty Scholarship at Penn Carey Law
Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories of …
The Consciousness Of Religion And The Consciousness Of Law, With Some Implications For Dialogue, Howard Lesnick
The Consciousness Of Religion And The Consciousness Of Law, With Some Implications For Dialogue, Howard Lesnick
Faculty Scholarship at Penn Carey Law
No abstract provided.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
What Personal Rules Can Teach Us About Basic Institutions, Claire Oakes Finkelstein
What Personal Rules Can Teach Us About Basic Institutions, Claire Oakes Finkelstein
Faculty Scholarship at Penn Carey Law
No abstract provided.
Ripstein, Rawls, And Responsibility, Stephen R. Perry
Ripstein, Rawls, And Responsibility, Stephen R. Perry
Faculty Scholarship at Penn Carey Law
No abstract provided.
Harm, History, And Counterfactuals, Stephen R. Perry
Harm, History, And Counterfactuals, Stephen R. Perry
Faculty Scholarship at Penn Carey Law
No abstract provided.
No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick
No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick
Faculty Scholarship at Penn Carey Law
No abstract provided.
Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein
Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein
Faculty Scholarship at Penn Carey Law
No abstract provided.
Method And Principle In Legal Theory, Stephen R. Perry
Method And Principle In Legal Theory, Stephen R. Perry
Faculty Scholarship at Penn Carey Law
No abstract provided.
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
Faculty Scholarship at Penn Carey Law
No abstract provided.
Hart's Methodological Positivism, Stephen R. Perry
Hart's Methodological Positivism, Stephen R. Perry
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Religious Lawyer In A Pluralist Society, Howard Lesnick
The Religious Lawyer In A Pluralist Society, Howard Lesnick
Faculty Scholarship at Penn Carey Law
No abstract provided.
Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick
Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick
The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick
Faculty Scholarship at Penn Carey Law
No abstract provided.
Unger's Philosophy: A Critical Legal Study, William Ewald
Unger's Philosophy: A Critical Legal Study, William Ewald
Faculty Scholarship at Penn Carey Law
Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.
Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts
Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts
Faculty Scholarship at Penn Carey Law
No abstract provided.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.