Law Commons^™

Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick

Human Rights & Human Welfare

To begin, not propitiously. When checking whether my title ‘Necessary Fictions’ was being used elsewhere, Google revealed that it was going to be used in a future talk, and by me. It transpired mercifully that this use was going to be quite different to the present which suggested the prospect of a new academic genre: same title, different paper; rather than the standard combination of same paper, different title. Fortuitously, that contrast gave me the leitmotiv for this talk – that things ostensibly the same can be different, and that things ostensibly different can be the same.

© Peter Fitzpatrick. …

Mindfulness, Emotions, And Ethics: The Right Stuff?, Ellen Waldman

Nevada Law Journal

This essay celebrates Leonard Riskin's call to arms while suggesting some limits to what mindfulness can achieve in the ethical realm. I discuss recent developments in neuroethics that imply a prominent role for emotions in establishing ethical restraint. The Article also surveys a growing body of evidence that suggests the directive power of our emotions remains largely hidden from and impervious to the control of our “reasoning” selves. Lastly, the author examines what Riskin has, in an earlier work, described as the ethical hard case in light of recent explorations into the emotional wellsprings of deontological versus consequentialist thinking. Although …

Matthew S. Weinert On Hegel’S Laws: The Legitimacy Of A Modern Legal Order. By William E. Conklin. Stanford: Stanford University Press, 2008. 381pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Hegel’s Laws: The Legitimacy of a Modern Legal Order. By William E. Conklin. Stanford: Stanford University Press, 2008. 381pp.

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

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 …

Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel

Articles

This reply discusses Pablo Gilabert's response to my article, "Rethinking Indivisibility." It welcomes his distinction between conceptual, normative, epistemic, and causal forms of support from one right to another. It denies, however, that "Rethinking Indivisibility" downplayed linkage arguments for human rights (although it did call for careful evaluation of such arguments), and rejects Gilabert's suggestion that we understand the indivisibility of two rights as two rights being highly useful to each other (interdependence) rather than as mutual indispensability. In the final section, I offer two new worries about the system-wide indivisibility of human rights.

December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz

Hallowed Secularism

Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz

Hallowed Secularism

Blog post, “As Christmas Goes, So Goes the Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Does a Hallowed Secularist Send Chanukah Gifts?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “Outrageous Breach of Wall of Separation as Rabbis Urge Lieberman to Support Health Care Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 16, 2009: The Fight For Chanukah, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fight for Chanukah“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 13, 2009: Time To Buy An American Car, Bruce Ledewitz

Hallowed Secularism

Blog post, “Time to Buy an American Car“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 10. 2009: The New Weirdness, Bruce Ledewitz

Hallowed Secularism

Blog post, “The New Weirdness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Religious Politics “Undemocratic”?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Charles Taylor and the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 2, 2009: Is Islam Different?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Islam Different?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang

William & Mary Bill of Rights Journal

No abstract provided.

November 29, 2009: The Iranian Bomb, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Thanksgiving Everyone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Serious Man, A Serious Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Young Don’t Read the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz

Hallowed Secularism

Blog post, “When Scientists Speak of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Religious Extremists in the Military“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Does a Hallowed Secularist Face Death?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Role of Religion in Building Coalitions Over Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hopeful Signs in the Vote in Maine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Calls for Believers to Translate Their Beliefs“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Debate Over the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.