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Full-Text Articles in Law
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 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.
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 …
Of Law And Other Artificial Normative Systems, Mitchell N. Berman
Of Law And Other Artificial Normative Systems, Mitchell N. Berman
All Faculty Scholarship
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 …