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Jurisprudence Commons™

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Yeshiva University, Cardozo School of Law

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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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


Pomo At War, Edward Rothstein Apr 2003

Pomo At War, Edward Rothstein

Cardozo Law Review

No abstract provided.


The Internet And The Persistence Of Law, Justin Hughes Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 Jan 2003

Nietzsche's Gnosis Of Law, Frederick M. Dolan

Cardozo Law Review

No abstract provided.


The Physician As A Conscientious Objector, J. David Bleich Nov 2002

The Physician As A Conscientious Objector, J. David Bleich

Articles

No abstract provided.