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Philosophy

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Articles 1771 - 1800 of 1969

Full-Text Articles in Law

Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog Jan 1997

Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog

Reviews

In the 1960s, Quentin Skinner wrote a series of polemical if terse papers arguing that the conventional approach to the history of political theory was confused. Using Hobbes as something of a vehicle for his position, Skinner enunciated what is now well known as the "Cambridge" approach to political theory. He urged that we situate authors in their intellectual contexts so that we can isolate what is distinctive, perhaps subversive, in their use of language: only then, he argued, can we have any valid historical understanding on what they are doing in writing these weird books in the first place. …

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On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith Jan 1997

On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith

Maryland Law Review

No abstract provided.

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Human Rights Genealogy, Ruti Teitel Jan 1997

Human Rights Genealogy, Ruti Teitel

Fordham Law Review

No abstract provided.

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The Environment: Private Or Common Property?, Zev Trachtenberg Jan 1997

The Environment: Private Or Common Property?, Zev Trachtenberg

Oklahoma Law Review

No abstract provided.

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The Order Of The Coif Annual Lecture, Lecture, The Constituteion Of The Procedural Republic: Liberal Rights And Civic Virtues, Michael J. Sandel Jan 1997

The Order Of The Coif Annual Lecture, Lecture, The Constituteion Of The Procedural Republic: Liberal Rights And Civic Virtues, Michael J. Sandel

Fordham Law Review

No abstract provided.

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Law As The Continuation Of God By Other Means, Pierre Schlag Jan 1997

Law As The Continuation Of God By Other Means, Pierre Schlag

Publications

No abstract provided.

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Review Of On Voluntary Servitude: False Consciousness And The Theory Of Ideology, Donald J. Herzog Jan 1997

Review Of On Voluntary Servitude: False Consciousness And The Theory Of Ideology, Donald J. Herzog

Reviews

Michael Rosen brings intoxicating erudition and an elegant if elusive prose style to crack—or pulverize—one of the most venerable chestnuts of social theory, the theory of ideology. For Rosen, the two central elements of that theory are (1) that societies are self-maintaining systems and (2) that they produce false consciousness in their members precisely because it helps to maintain society. And for Rosen, the theory is, well, a spectacular mess. Despite the efforts of such analytical Marxists as G. A. Cohen, he urges, no such view can be reconstructed in ways that begin to comport with our ordinary standards for …

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Courting Disrespect, Bruce Ledewitz Aug 1996

Courting Disrespect, Bruce Ledewitz

Ledewitz Papers

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

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Was There Sex Before Calvin Klein?, Linda R. Hirshman Jun 1996

Was There Sex Before Calvin Klein?, Linda R. Hirshman

Washington and Lee Law Review

No abstract provided.

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Searching For Positivism, Philip Soper May 1996

Searching For Positivism, Philip Soper

Michigan Law Review

A Review of W.J. Waluchow, Inclusive Legal Positivism

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Paradigms Of Law, Jürgen Habermas Mar 1996

Paradigms Of Law, Jürgen Habermas

Cardozo Law Review

Among legal scholars expressions such as "social ideal" or "social model," and even "social vision," have become generally accepted ways of referring to the images of society inscribed in a legal system. Such expressions refer to those implicit images of one's own society that guide the contemporary practices of making and applying law. These images or paradigms provide the background for an interpretation of the system of basic rights. In other words, they orient the project of realizing an association of free and equal citizens. A paradigm is discerned primarily in paramount judicial decisions, and it is usually equated with …

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Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas’S Proceduralist Paradigm Of Law, Michel Rosenfeld Mar 1996

Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas’S Proceduralist Paradigm Of Law, Michel Rosenfeld

Cardozo Law Review

There are different images or paradigms of law which correspond to different conceptions of justice and different sources of legitimacy. Moreover, in the context of complex, pluralistic contemporary societies, the relationship between law, justice, and legitimacy has become acutely problematic as competing conceptions of the good cast legal relationships as relationships among strangers, and as justice according to law seems irretrievably split from justice against or beyond law. In the face of these difficulties, one could simply abandon the quest for justice beyond law and settle for a combination of democracy and legal positivism which would reduce political legitimacy to …

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Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble Mar 1996

Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble

Cardozo Law Review

As a leading citizen of the Age of Reason, Pierre Simon Laplace liked to remark that there never could have been two Isaac Newtons for there was but a single world to be discovered. Laplace's aphorism neatly captured a fundamental assumption that has underlain the classical unity of science and reason under modernity. Today, in the wake of challenges posed by intellectual developments such as unstable systems and chaotic structures, the classical presupposition of a stable, objective, and physical world that serves as the horizon of scientific knowledge has begun to teeter. New cracks in the grand edifice of modem …

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Habermas And The Postal Rule, Peter Goodrich Mar 1996

Habermas And The Postal Rule, Peter Goodrich

Cardozo Law Review

It seems somewhat churlish at the end of so much discussion, at the terminus of the circulation of so extensive a commentary and critical appraisal of a single text, to offer further doubts, to intimate certain additional, and worse, extraneous criticisms of Jurgen's contribution to jurisprudence. Nonetheless, there is a tangible theme of misunderstanding, noncomprehension, and failed communication that has accompanied the debate in this conference and can act as the proximate emblem of the following intervention. This essay will simply suggest that there is little in Habermas's study of legal discourse and of the conditions under which the rule …

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Law And Philosophy: Some Consequences For The Law Deriving From The Sociological Reconstruction Of Philosophical Theory, Mark Gould Mar 1996

Law And Philosophy: Some Consequences For The Law Deriving From The Sociological Reconstruction Of Philosophical Theory, Mark Gould

Cardozo Law Review

Jurgen Habermas wants to provide a (quasi) transcendental grounding for democracy. He believes that the constituent attribute of Homo Sapiens is ordinary speech and that embedded in speech is a set of "validity claims" that are redeemable-asymptotically-only in an ideal speech situation. This ideal serves as a regulative fiction for our everyday world of social institutions. While it may not actually be present in institutional form, it serves as a ground for the normative critique of the actual social world in which we live.

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Habermas And The Counterfactual Imagination, Michael K. Power Mar 1996

Habermas And The Counterfactual Imagination, Michael K. Power

Cardozo Law Review

The epistemological problem of critical theories is easy to state but hard to resolve. On the one hand, if the theories are too descriptive and draw their conceptual resources from the ideas and institutions which currently exist, they lose their critical force. While they may provide elaborate reconstructions of the structure of social practices, they remain internal to these practices, part of a field of knowledge in which, at worst, theory is merely a form of public relations. On the other hand, if they articulate forms of critique that are entirely external to the systems of knowledge and practice that …

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Asimov Goes To Law School, Bruce Ledewitz Jan 1996

Asimov Goes To Law School, Bruce Ledewitz

Ledewitz Papers

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

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The First Stone Of The Death Penalty, Bruce Ledewitz Oct 1995

The First Stone Of The Death Penalty, Bruce Ledewitz

Ledewitz Papers

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

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The Deconstruction Of Kantian Ethics And The Question Of Pleasure, Henry J. Staten Mar 1995

The Deconstruction Of Kantian Ethics And The Question Of Pleasure, Henry J. Staten

Cardozo Law Review

This Essay is primarily about the recent work of Bernard Williams, who is in my opinion the most radical thinker on the question of ethics in the analytic philosophy camp. In fact, Williams's work tests the limits of what we know as analytic philosophy. His project is rigorously deconstructive, yet it has been developed out of the materials of analytic philosophy itself quite independently of Derridean deconstruction. Thus, this project is extraordinarily rich in its resonance, and regardless of whether one comes at it from an analytic or deconstructive background, one is equally likely to find it surprising in its …

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"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan Mar 1995

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

Washington and Lee Law Review

No abstract provided.

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Cruelly Unusual, Bruce Ledewitz Jan 1995

Cruelly Unusual, Bruce Ledewitz

Ledewitz Papers

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

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Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz Jan 1995

Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz

Ledewitz Papers

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

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Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz Jan 1995

Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

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

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A Fond Farewell, Bruce Ledewitz Jan 1995

A Fond Farewell, Bruce Ledewitz

Ledewitz Papers

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

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Perspectives On The Law Of The American Sit-In, Bruce Ledewitz Jan 1995

Perspectives On The Law Of The American Sit-In, Bruce Ledewitz

Ledewitz Papers

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

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Practiced Moral Activism, Paul R. Tremblay Jan 1995

Practiced Moral Activism, Paul R. Tremblay

St. Thomas Law Review

Readers of legal ethics literature frequently encounter the following question: "Can a good lawyer be a good person?" This Article addresses a variation of that question: "Can a good lawyer be a good person if that person is not a good philosopher?" This new question confronts a perplexing realization about most moral exploration of lawyering-that it takes place amidst a language and an intellectual world with which most practicing lawyers are not familiar or conversant. Of course, the philosophers inhabiting that world and using that language aim to affect the lives of working attorneys in some concrete way,but reading the …

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Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog Jan 1995

Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog

Reviews

The flood of literature sometimes derisively referred to as the Rawls/Nozick industry shows no signs of slowing. David Johnston enters the lists to champion an unabashedly cosmopolitan view-humanist liberalism-that focuses on promoting human agency for any and all people in any and all societies. He concedes that he has in place only a rudimentary sketch.

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How To Prevent Another Larsen Affair, Bruce Ledewitz Oct 1994

How To Prevent Another Larsen Affair, Bruce Ledewitz

Ledewitz Papers

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

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Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell Apr 1994

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell

Cardozo Law Review

Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …

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Punishment Most Cruel, Bruce Ledewitz Mar 1994

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

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

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