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Articles 451 - 480 of 858
Full-Text Articles in Jurisprudence
Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson
Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson
Articles
The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Articles
The article examines Pierre Schlag's radical critique of legal reason and the legal academy, which challenges the profession's reliance on abstract norms and universal truths. Schlag's work, often met with hostility, exposes the material and emotional underpinnings of legal discourse, particularly the fear of losing control and status tied to the academy's faith in reason. His critique is situated within broader philosophical traditions that question the limits of reason and the importance of creativity in legal thought. The article also explores how Schlag's ideas intersect with other scholars' work, such as Reginald Leamon Robinson's analysis of legal narrative and identity, …
Fundamentalism From The Perspective Of Liberal Tolerance, Leslie C. Griffin
Fundamentalism From The Perspective Of Liberal Tolerance, Leslie C. Griffin
Cardozo Law Review
No abstract provided.
Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait
Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait
Cardozo Journal of International and Comparative Law
The doctrine of renvoi, which requires courts to consider both the internal laws and conflict of laws rules of a foreign jurisdiction, has been a contentious issue in New York courts. While cases like In re Tallmadge rejected renvoi due to concerns of creating an endless cycle, In re Schneider embraced it, emphasizing the need to apply the whole law of the foreign jurisdiction. Modern approaches aim to integrate renvoi into interest analysis, focusing on practical applications to ascertain foreign interests accurately and promote reciprocity, while addressing concerns about sovereignty and forum shopping.
Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg
Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Pomo At War, Edward Rothstein
The Internet And The Persistence Of Law, Justin Hughes
The Internet And The Persistence Of Law, Justin Hughes
Articles
Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Cardozo Law Review
No abstract provided.
African Nietzsche: Poetry, Philosophy And African Legal Thinking, Adam Gearey
African Nietzsche: Poetry, Philosophy And African Legal Thinking, Adam Gearey
Cardozo Law Review
No abstract provided.
Friedrich Nietzsche, The Code Of Manu, And The Art Of Legislation, Roger Berkowitz
Friedrich Nietzsche, The Code Of Manu, And The Art Of Legislation, Roger Berkowitz
Cardozo Law Review
No abstract provided.
Nietzsche And Salomé Laws Of The Father: Sublimation, Narcissism And Idealization, Theresa Aiello
Nietzsche And Salomé Laws Of The Father: Sublimation, Narcissism And Idealization, Theresa Aiello
Cardozo Law Review
No abstract provided.
Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht
Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht
Cardozo Law Review
No abstract provided.
Ressentiment, The Superego, And Totalitarianism: George Orwell's 1984, Sinkwan Cheng
Ressentiment, The Superego, And Totalitarianism: George Orwell's 1984, Sinkwan Cheng
Cardozo Law Review
No abstract provided.
Notes On The Clerical Body Of The Law, Lior Barshack
Notes On The Clerical Body Of The Law, Lior Barshack
Cardozo Law Review
No abstract provided.
Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan
Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan
Cardozo Journal of Equal Rights & Social Justice
The article explores the evolution of the feminist and environmental movements by incorporating diverse voices, highlighting the importance of anti-essentialism and intersectionality. It draws parallels between how both movements have expanded their definitions to address broader social justice issues, moving beyond initial narrow focuses.
Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl
Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl
Cardozo Law Review
This paper examines the general structure and conditions of legal interpretation that arise from confronting Gadamer's philosophical hermeneutics with a determinate conception of legal interpretation suggested by Kelsen's Pure Theory of Law. The Gadamerian question, "What defines legal interpretation as interpretation?", suggests that Kelsen's reference to legal norms as "schemes of interpretation" must be radicalized: a hermeneutic circularity or dialectic is at work in the law, such that the legal interpretation of reality also changes, to a lesser or greater extent, the principle of interpretation - the legal norm. The Kelsenian question, "What defines interpretation as legal interpretation?", suggests …
Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post
Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post
Cardozo Journal of Equal Rights & Social Justice
The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.
Cassiopeia, Anthony Paul Farley
Cassiopeia, Anthony Paul Farley
Cardozo Journal of Equal Rights & Social Justice
The article argues that sexism functions as an orientation, akin to racism, shaping how individuals navigate societal and legal structures. It posits that the legal system is inherently hierarchical, perpetuating a "man-over-woman" dynamic that is deeply ingrained in juridical space. The author advocates for feminist legal theory as a means to reorient oneself within these structures, emphasizing the need to challenge and transform the systemic hierarchies that perpetuate inequality. The essayists in the symposium exemplify this reorientation by navigating toward alternative constellations of thought, symbolized by Cassiopeia, to create more equitable forms of human association.
Where Are We When We Are Beyond Good And Evil?, Tracy B. Strong
Where Are We When We Are Beyond Good And Evil?, Tracy B. Strong
Cardozo Law Review
No abstract provided.
Nietzsche Between Jews And Jurists: A Note On The Christian Filiation Of The Anti-Christ, Anton Schütz
Nietzsche Between Jews And Jurists: A Note On The Christian Filiation Of The Anti-Christ, Anton Schütz
Cardozo Law Review
No abstract provided.
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Cardozo Law Review
No abstract provided.
Gay Science As Law: An Outline For A Nietzschean Jurisprudence, Jonathan Yovel
Gay Science As Law: An Outline For A Nietzschean Jurisprudence, Jonathan Yovel
Cardozo Law Review
The main question examined in this study is not merely how a Nietzschean critique of law would look had Nietzsche ever applied his genealogical method to the question of law, but also what positive function Nietzschean philosophy may ascribe to law - and how law must then be transformed. The methodological parable imagines a "post-genealogy" or "post-ressentiment" phase of the human condition, akin to the Marxist "post-revolutionary" phase: How would law look for the person of power - overman or otherwise - who needs to live among others? How is normativity possible - what are its forms and …
Stealing The Natural Language: The Fiction Of The Social Contract And Legality In The Light Of Nietzsche's Philosophy, Jiří Přibáň
Stealing The Natural Language: The Fiction Of The Social Contract And Legality In The Light Of Nietzsche's Philosophy, Jiří Přibáň
Cardozo Law Review
No abstract provided.
Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden
Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden
Cardozo Law Review
No abstract provided.
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Cardozo Law Review
No abstract provided.
Limits Of Tolerance: Law And Religion After The Anti-Christ, Marie Ashe
Limits Of Tolerance: Law And Religion After The Anti-Christ, Marie Ashe
Cardozo Law Review
No abstract provided.
Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty
Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty
Cardozo Law Review
No abstract provided.
Nietzsche's Gnosis Of Law, Frederick M. Dolan
Nietzsche's Gnosis Of Law, Frederick M. Dolan
Cardozo Law Review
No abstract provided.
The Physician As A Conscientious Objector, J. David Bleich
The Physician As A Conscientious Objector, J. David Bleich
Articles
No abstract provided.