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Full-Text Articles in Law
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. …
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.
Immigration, Association, And The Family, Matthew J. Lister
Immigration, Association, And The Family, Matthew J. Lister
Faculty Scholarship at Penn Carey Law
In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why …
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.
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.
Harm, History, And Counterfactuals, Stephen R. Perry
Harm, History, And Counterfactuals, Stephen R. Perry
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.
Lying To Protect Privacy, Anita L. Allen
Lying To Protect Privacy, Anita L. Allen
Faculty Scholarship at Penn Carey Law
No abstract provided.
Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen
Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen
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.
Hart's Methodological Positivism, Stephen R. Perry
Hart's Methodological Positivism, Stephen R. Perry
Faculty Scholarship at Penn Carey Law
No abstract provided.
Genetic Testing, Nature, And Trust, Anita L. Allen
Genetic Testing, Nature, And Trust, Anita L. Allen
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.
Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales
Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales
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.
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
Faculty Scholarship at Penn Carey Law
No abstract provided.
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.
Reply To Cornel West, William Ewald
Reply To Cornel West, William Ewald
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.
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.