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Full-Text Articles in Law

Rules, Norms, Structures And Strictures: Thinking About Laws In Games And Play - A Philosophical Discussion On The Role Of Laws Within Games, Cardozo Interactive Entertainment Law Society Apr 2017

Rules, Norms, Structures And Strictures: Thinking About Laws In Games And Play - A Philosophical Discussion On The Role Of Laws Within Games, Cardozo Interactive Entertainment Law Society

Flyers 2016-2017

No abstract provided.


Money As Measure, David G. Carlson Jan 2012

Money As Measure, David G. Carlson

Faculty Articles

No abstract provided.


Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur Jan 2010

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Faculty Articles

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …


Preface (On Alain Badiou’S Handwriting), Peter Goodrich Jan 2008

Preface (On Alain Badiou’S Handwriting), Peter Goodrich

Faculty Articles

No abstract provided.


The Questioning Attitude: Questions About Derrida, Martin J. Stone Nov 2006

The Questioning Attitude: Questions About Derrida, Martin J. Stone

Faculty Articles

No abstract provided.


J.D., Peter Goodrich Jan 2005

J.D., Peter Goodrich

Faculty Articles

No abstract provided.


Why Are There Four Hegelian Judgments, David G. Carlson Jan 2004

Why Are There Four Hegelian Judgments, David G. Carlson

Faculty Articles

Hegel is the philosopher of threes. His entire system is triune: logic-nature-spirit. Within the logic is a triune structure: being, essence, notion. Within notion there is a triad: subject-object-idea. Within subjectivity, there is a triad: notion, judgment, syllogism. Yet when we examine Hegel's critique of judgment, there are four (not three): inherence-reflection-necessity-notion.

This paper tries to explain why this is so. There is a disturbing element present at all times in Hegel's logic - what Slavoj Zizek named a silent fourth, which erupts and manifests itself in judgment. This paper refines and justifies Zizek's insight, arguing from the text of …


The Antepenultimacy Of The Beginning In Hegel’S Science Of Logic, David G. Carlson Jan 2004

The Antepenultimacy Of The Beginning In Hegel’S Science Of Logic, David G. Carlson

Faculty Articles

The Science of Logic is the keystone for Hegel's philosophy. Perhaps the single most perplexing problem in this work is the status of the beginning. Hegel insisted that philosophy must be self-grounding. It cannot start from "givens." Yet, if Hegel's beginning is merely stipulated or "given," then his project is defeated. The usual view of Hegel's intent is that the beginning (Pure Being) is the last step, so that what begins as a presupposition ends up being "proven." This article suggests something different. It proposes that the beginning (Pure Being) is actually the "antepenultimate" (or third-from-last) step of the Science …


A Fragment On Cnutism With Brief Divagations On The Philosophy Of The Near Miss, Peter Goodrich Jan 2004

A Fragment On Cnutism With Brief Divagations On The Philosophy Of The Near Miss, Peter Goodrich

Faculty Articles

This fragment is taken, mid-sentence as it were, from a longer discourse. It is plucked in process from a discussion of friendship for ideas. It is part of a longer journey through the annals of amity. The fragment also examines a fragment, a gloss on a text, a marginal comment, a handwritten note, which is taken to constitute the modern origin of Cnutism.


Was Spinoza A Jewish Philosopher, J. David Bleich Jan 2003

Was Spinoza A Jewish Philosopher, J. David Bleich

Faculty Articles

No abstract provided.


The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson Jan 2003

The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson

Faculty Articles

No abstract provided.


Nietzsche And Aretaic Legal Theory, Kyron Huigens Jan 2003

Nietzsche And Aretaic Legal Theory, Kyron Huigens

Faculty Articles

No abstract provided.


Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld Jan 2003

Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld

Faculty Articles

Tolerance and pluralism seem to draw on the same criterion of legitimacy. The liberal case for tolerance, however, leads to a series of paradoxes, including Popper's paradox of tolerance according to which tolerating theintolerant is self-defeating. Spinoza's defense of tolerance as it emergesfrom his Theological-Political Treatise and his Ethics is more pervasive and much more encompasssing than the liberal justification. Spinoza justifies tolerance as a private and public virtue as well as on prudential grounds. Although Spinoza's conception of tolerance appears in significant respects paradoxical and contradictory - e.g., it is puzzling why Spinoza, the philosopher of reason, should avocate …


Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder Jan 2003

Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder

Faculty Articles

No abstract provided.


Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone Jan 2003

Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone

Faculty Articles

No abstract provided.


Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg Jan 2003

Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg

Faculty Articles

No abstract provided.


Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon Jan 2003

Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon

Faculty Articles

No abstract provided.


2001 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law Jul 2001

2001 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 13

Nietzsche Comes of Age in America, page 18

Cardozo: Enjoying a Transformation, page 20

Enjoying the Jobs of Their Lives: Alumni on the Bench, page 25

Alumni News & Notes, page 32


Hegel’S Theory Of Quality, David G. Carlson Jan 2001

Hegel’S Theory Of Quality, David G. Carlson

Faculty Articles

This article assesses the opening three chapters of Hegel's monumental "Science of Logic," a work largely unknown in the United States but recognized in Europe as the foundation of Hegel's impressive philosophical edifice. Hegel's task was to develop a foundation-free philosophy, in which the inherent contradictions in concepts caused the self-destruction of the concept and the generation of a new, improved concept. Hegel begins his work by examining the concept of Pure Being. Being itself shows to be finite, however. Being repeals itself and propels itself into thought. "Reality" therefore gives way to "ideality." Upon entering the realm of the …


Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson Jan 2000

Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson

Faculty Articles

No abstract provided.


Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson Jan 1999

Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson

Faculty Articles

In his last dialogue, the Laws, Plato views citizens in the polis as players in a game. Just as contemporary game theory, Plato considers games to be states of strategic interaction. Yet the game of the Laws differs from those of game theory in one important respect. Where game theory assumes that players are rational--that they choose strategies, or rules for taking action at each instant of a game, in order to maximize payoffs--Plato explores the conditions under which rationality, as game theory defines it, is possible.

Plato thus agrees with game theory that rational, maximizing behavior is a necessary …


Introduction, David G. Carlson Jan 1998

Introduction, David G. Carlson

Faculty Articles

No abstract provided.


Habermas And The Postal Rule, Peter Goodrich Jan 1996

Habermas And The Postal Rule, Peter Goodrich

Faculty Articles

No abstract provided.


Preface, Michel Rosenfeld Jan 1996

Preface, Michel Rosenfeld

Faculty Articles

No abstract provided.


Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld Jan 1996

Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld

Faculty Articles

No abstract provided.


Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich Jan 1995

Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich

Faculty Articles

No abstract provided.


On The Margins Of Microeconomics, David G. Carlson Jan 1993

On The Margins Of Microeconomics, David G. Carlson

Faculty Articles

No abstract provided.


Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson Jan 1993

Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson

Faculty Articles

No abstract provided.


Judaism And Postmodernism, Suzanne Last Stone Jan 1993

Judaism And Postmodernism, Suzanne Last Stone

Faculty Articles

No abstract provided.


The Idea Of A Legal Unconscious, Arthur J. Jacobson Jan 1992

The Idea Of A Legal Unconscious, Arthur J. Jacobson

Faculty Articles

No abstract provided.