Law Commons^™

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

Nathan B. Oman

No abstract provided.

The Real Legal Realism, Michael S. Green

Michael S. Green

No abstract provided.

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

Michael S. Green

No abstract provided.

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

Michael S. Green

No abstract provided.

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

Carroy U "Cuf" Ferguson, Ph.D.

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

Suzanna Sherry

No abstract provided.

Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport

Randy D. Gordon

Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …

Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan

Srividhya Ragavan

In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …

Judgment, Philippe Nonet

Philippe Nonet

No abstract provided.

Do You Sincerely Want To Be Radical, Phillip Johnson

Phillip Johnson

No abstract provided.

What Is Positive Law, Philippe Nonet

Philippe Nonet

No abstract provided.

Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle

Donald L. Beschle

No abstract provided.

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 …

Is Descartes A Temporal Atomist?, Ken Levy

Ken Levy

No abstract provided.

On The Rationalist Solution To Gregory Kavka's Toxin Puzzle, Ken Levy

Ken Levy

No abstract provided.

Baumann On The Monty Hall Problem And Single Case Probabilities, Ken Levy

Ken Levy

No abstract provided.

The Solution To The Surprise Exam Paradox, Ken Levy

Ken Levy

No abstract provided.

Why It Is Sometimes Fair To Blame Agents For Unavoidable Actions And Omissions, Ken Levy

Ken Levy

It is generally thought that ought implies can. If this maxim is correct, then my inability to do otherwise entails that I cannot be blamed for failing to do otherwise. In this article, however, I use Harry Frankfurt’s famous argument against the "Principle of Alternative Possibilities" (PAP) to show that the maxim is actually false, that I can be blamed for failing to do otherwise even in situations where I could not have done otherwise. In these situations, I do not act otherwise not because I cannot act otherwise but because I choose not to act otherwise.

The Main Problem With Usc Libertarianism, Ken Levy

Ken Levy

Libertarians like Robert Kane believe that indeterminism is necessary for free will. They think this in part because they hold both ( 1) that my being the ultimate cause of at least part of myself is necessary for free will and (2) that indeterminism is necessary for this "ultimate self-causation". But seductive and intuitive as this "USC Libertarianism" may sound, it is untenable. In the end, no metaphysically coherent (not to mention empirically valid) conception of ultimate self-causation is available. So the basic intuition motivating the USC Libertarian is ultimately impossible to fulfill.

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

Michael S. Green

No abstract provided.

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 …

"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan

Barry Sullivan

No abstract provided.

¿Puede La Fe Aportar Algo Al Derecho? La Respuesta De La Teología Jurídica, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

El artículo analiza la posibilidad de que la fe aporte contenidos a la ciencia del Derecho y al ordenamiento jurídico. La perspectiva no es histórica, sino jurídica y teológica. Consta de tres partes: (i) el planteamiento del problema del aporte de la fe; (ii) la delimitación de la teología jurídica, que es la ciencia llamada a resolver el problema; y, (iii) la respuesta al problema. En el fondo el análisis procura mostrar cómo la fe puede ser “fuente de derecho”. Termina señalando el alcance y los límites de esta fuente en el derecho sobre las cosas naturales y sobrenaturales.

Gaining Ground: Towards A Discourse Of Posthuman Animality, Anne Louise Schillmoller

Anne Schillmoller

Edit My Photo Join My Mailing List Edit Author InfoAnne Louise Schillmoller Southern Cross University ■Contact Information Edit Author Background Edit Links Search the Selected Works of Anne Louise Schillmoller Search All Sites User Guide Read Our FAQs Contact Support RSS Feed Print this page Bookmark Update Site Articles Next»Revise WithdrawCancelGaining Ground: Towards a Discourse of Posthuman AnimalityAnne Louise Schillmoller, School of Law and Justice Southern Cross University Abstract The paper seeks articulate possibilities for a reciprocal ground of animality, a non hegemonic conceptual frontier within which the sovereign terrain of liberal humanism might yield to networks of alliances and …

Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Louise Schillmoller

Anne Schillmoller

The paper seeks articulate possibilities for a reciprocal ground of animality, a non hegemonic conceptual frontier within which the sovereign terrain of liberal humanism might yield to networks of alliances and reciprocities among human and other animals. The objective is to locate topographies where the conditions of creaturely life may be conceptualised in relational and non anthropocentric terms. It seeks to identify possibilities for a discourse of animality which avoids the haunting spectre of humanism. Specifically, it explore routes which may avoid the dualisms of western thought and identify alternative ways by which animality might be conceptualised and represented. Its …

Zizek/Questions/Failing, Nick J. Sciullo

Nick J. Sciullo

In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.

While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …

Filosofia Antropológica?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Muito do que se passa nas nossas sociedades, actualmente, depende de termos ou não termos um olhar filosófico, e de termos ou não termos a capacidade perspectivista do antropólogo. O presente artigo chama a atenção para a necessidade de a Filosofia, tentando furtar-se à tirania do Logos na versão dos ares "grão senhores", de que falava Kant, procure o olhar de "terceiro", e o despojamento de recursos da Antropologia cultural.