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Articles 1111 - 1140 of 1390
Full-Text Articles in Jurisprudence
Hegel And Postmodernity, Dennis M. Patterson
Lucinde's Shame: Hegel, Sensuous Woman, And The Law, David Farrell Krell
Lucinde's Shame: Hegel, Sensuous Woman, And The Law, David Farrell Krell
Cardozo Law Review
No abstract provided.
Finding Self Within The Physical Universe, Thomas D. Barton
Finding Self Within The Physical Universe, Thomas D. Barton
Journal of Legal Education
No abstract provided.
Mastery, Slavery, And Emancipation, Guyora Binder
Mastery, Slavery, And Emancipation, Guyora Binder
Journal Articles
Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …
A Comment On "Hegel's Legal Plenum", Agnes Heller
A Comment On "Hegel's Legal Plenum", Agnes Heller
Cardozo Law Review
No abstract provided.
Hegelian Vanity, Common Law Humility: On Legal Theory, Its Expression, And Its Criticism, Thomas M. Eisele
Hegelian Vanity, Common Law Humility: On Legal Theory, Its Expression, And Its Criticism, Thomas M. Eisele
Cardozo Law Review
No abstract provided.
Hegel's Analysis Of Property In The Philosophy Of Right, Peter G. Stillman
Hegel's Analysis Of Property In The Philosophy Of Right, Peter G. Stillman
Cardozo Law Review
No abstract provided.
Righting Rights, Lawrence G. Sager
The Metatheory Of Helegian Legal Theory, David A.J. Richards
The Metatheory Of Helegian Legal Theory, David A.J. Richards
Cardozo Law Review
No abstract provided.
Rethinking The Hegilian State, Fred Dallmayr
A Reconstruction Of Hegel's Theory Of Civil Society, Andrew Arato
A Reconstruction Of Hegel's Theory Of Civil Society, Andrew Arato
Cardozo Law Review
No abstract provided.
Introduction, Michael A. Simon
Hegel And The Crisis Of Private Law, Alan Brudner
Hegel And The Crisis Of Private Law, Alan Brudner
Cardozo Law Review
No abstract provided.
The Crisis Of Private Law Its Not An Ideal Situation, Kenneth Casebeer
The Crisis Of Private Law Its Not An Ideal Situation, Kenneth Casebeer
Cardozo Law Review
No abstract provided.
Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman
Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman
Cardozo Law Review
No abstract provided.
Contract And Hegel's Account Of Abstract Right: Some Brief Comments, John Stick
Contract And Hegel's Account Of Abstract Right: Some Brief Comments, John Stick
Cardozo Law Review
No abstract provided.
Truth And The Law: A Critical View Of Community, Jan G. Deutsch
Truth And The Law: A Critical View Of Community, Jan G. Deutsch
Cardozo Law Review
No abstract provided.
Judge Richard Posner's Wealth Maximization Principle: Another Form Of Utilitarianism?, Robin F. Grant
Judge Richard Posner's Wealth Maximization Principle: Another Form Of Utilitarianism?, Robin F. Grant
Cardozo Law Review
No abstract provided.
Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit
Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit
Faculty Works
Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.
Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …
Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice
Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice
Journal Articles
The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …
Contradiction And Denial, Pierre Schlag
The Rationality Of The Common Law, H. Jefferson Powell
The Rationality Of The Common Law, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
University of Miami Law Review
No abstract provided.
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Publications
No abstract provided.
Justice Brennan's "Passion", Julius Cohen
Introduction, Monroe E. Price
National Socialism And German Jurisprudence From 1933 To 1945, Arthur Kaufmann
National Socialism And German Jurisprudence From 1933 To 1945, Arthur Kaufmann
Cardozo Law Review
No abstract provided.
Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell
Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell
Cardozo Law Review
No abstract provided.
National Socialist Jurisprudence And Academic Continuity: A Comment On Professor Kaufmann's Article, Mathias Reimann
National Socialist Jurisprudence And Academic Continuity: A Comment On Professor Kaufmann's Article, Mathias Reimann
Cardozo Law Review
No abstract provided.
Regulation And The United States Corporation: An Alternative To Law-And-Economics, Jan G. Deutsch
Regulation And The United States Corporation: An Alternative To Law-And-Economics, Jan G. Deutsch
Cardozo Law Review
No abstract provided.