Law and Philosophy Commons^™

A New Era In Humane Education: How Troubling Youth Trends And A Call For Character Education Are Breathing New Life Into Efforts To Educate Our Youth About The Value Of All Life, Lydia S. Antoncic

Animal Law Review

The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. …

Public Reason As A Public Good, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

A Case Of Deduction, Or, Upon The First Meeting Of Sherlock Holmes And Oliver Wendell Holmes, Jr., John H. Watson M.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin

Faculty Scholarship

No abstract provided.

Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper

Scholarly Works

Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom.

Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is especially valuable because her symbiosis theory expands identity theory. Ehrenreich turns our attention to the subjectivities of those who are partly subordinated but mostly privileged-those who accept their own oppression in return for the "compensation" of being able to use the law to subordinate others. Nonetheless, symbiosis theory …

Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng

UIC Law Review

No abstract provided.

Finding A Sense Of Self In The World: A Process For Overcoming Personal And Collective Alienation After Institutional Abuse, Seetal Kaur Sunga

LLM Theses

The author examines three aspects of dispute resolution involving cases of physical and sexual abuse in institutions and other environments. She focuses on judicial and alternative processes that deal with identity formation, empowerment and monetary compensation. She argues that sexual abuse and physical abuse create specific harms to the identity and power of abused persons. These harms should be addressed through a process that can allow for identity-formation and re-configuration of the power relationship between the parties. The author concludes that judicial processes recognize identity formation that occurs outside the legal arena, and are capable of recognizing the power of …

Latindia Ii — Latinas/Os, Natives, And Mestizajes — A Latcrit Navigation Of Nuevos Mundos, Nuevas Fronteras, And Nuevas Teorias, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay is a journey that will elucidate a personal exploration of LatCrit's trinitarian goals of engagement of identity interrogations, community building, and self-critical analysis. It will reflect personal travels and travails, bumps in the road and epiphanies, theory and practice. The plot for these musings is a cultural voyage in which this viajera embarks to live and comprehend the meaning of mestizaje in a personal quest for identity location; the stage is LatCrit IV.

My interrelated trips are chartered in three parts. Part I, Nuevos Mundos. Traveling LatCrit Community, presents the historical background of, contexts for, and evolutions …

On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones

Michigan Law Review

For a long time - and through the now-quaint division of disciplines - morals and norms have been set apart from other behaviorbiasing phenomena. They have also been set apart from each other. Morals are generally ceded in full to philosophers. Norms have been ceded to sociologists. In retrospect, it is not clear why this should be so. Reality is notoriously impervious to taxonomy, and the axis supposedly distinguishing morals from other norms is, after all, arbitrary. Moreover, behavior-biasing phenomena interact in important ways, making the study of parts - without more - just the study of parts. But one …

Disneyworld Is Not Enough, Kenneth Anderson

Book Reviews

Review of The Mouse That Roared: Disney and the end of innocence, by Henry A. Giroux. Rowman and Littlefield, 12 Hid's Copse Road, Cumnor Hill, Oxford This essay reviews a book of cultural criticism directed against what the author, Henry Giroux, regards as the corporate manipulation of culture, particularly the culture of children, by corporate interests, particularly the Disney company. The review argues that, contrary to Giroux's argument, Disney and such corporations relentlessly press the message of American left-liberal politically correct piety.

Toleration, Autonomy And Respect, Colin J. Harvey

Michigan Journal of International Law

Review of On Toleration by Michael Walzer

Agenda Setting In The Courts Of Appeals: The Effect Of Ideology On En Banc Rehearings, Phil Zarone

The Journal of Appellate Practice and Process

Intermediate appellate courts hear whatever case is brought before them on appeal. Therefore, the courts are unable to set an agenda through selecting which cases to hear. Appellate courts may be able to set an agenda, though, through en banc rehearings. This article discusses how courts of appeals decide when to grant en banc proceedings and the effect of ideological use of en banc rehearings.

A Peculiar People: The Mystical And Pragmatic Appeal Of Mormonism, Kenneth Anderson

Book Reviews

This 1999 Los Angeles Times Book Review essay examines Richard and Joan Ostling's account of contemporary Mormonism in the United States. Richard Ostling, a reporter for Time Magazine, obtained extensive access to Mormon Church officials in the course of researching the book, and it gives the fullest account available currently of Mormon life in America. The review finds the book to be very evenhanded and objective, and perhaps the best introduction to the Mormon faith extant today, whether by Mormon church members or non-members.

Family Law In The Age Of Distrust, Carl E. Scheider

Articles

I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …

Farewell To An Idea? Ideology In Legal Theory, David Charny

Michigan Law Review

In 1956, Morocco inaugurated a constitutional democratic polity on the Western model. Elections were to be held, and political parties formed, with voters to be registered by party. The Berbers, however, did not join the parties as individual voters. Each Berber clan joined their chosen party as a unit. To consecrate (or, perhaps, to accomplish) the clan's choice, a bullock was sacrificed. These sacrificial rites offer a useful parable about the relationship between law and culture. The social order imposed by law depends crucially on the "culture" of the participants in the system - their habits, dispositions, views of the …

Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Book Reviews

This 1997 Times Literary Supplement (London) essay reviews the 1996 Star Trek (Next Generation) film First Contact, along with a book of essays in cultural studies about Star Trek (Taylor Harrison, et al., Enterprise Zones: Critical Positions on Star Trek). Of greatest long term interest in the moral and political philosophy of Star Trek is the so-called Prime Directive - non interference in local culture on local planets. This Vietnam era ethic of cultural relativism was prominent in the original 1960s Star Trek series as much for its assertion as for being regularly violated by Captain Kirk and his crew. …

Fair Use In American And Continental Laws, Omar M.A. Obeidat

LLM Theses and Essays

Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson

Book Reviews

This 1996 essay reviews three books: Anthony T. Kronman, 'The Lost Lawyer: Failing Ideals of the Legal Profession' (Belknap 1993); Steven Brint, 'In an Age of Experts: The Changing Role of Professionals in Politics and Public Life' (Princeton 1994); and Christopher Lasch, 'The Revolt of the Elites and the Betrayal of Democracy' (WW Norton 1995). The review essay argues that lawyers in the United States should be seen as part of the professional New Class who use the law as a monopoly in the management by elites of the rest of society. The review examines the history of New Class …

Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag

LLM Theses and Essays

Both ancient Roman and contemporary American tort law recognize a type of damages that, instead of compensating the plaintiff for harm suffered, punishes the wrongdoer. In American law, courts can award two distinct amounts of money: compensatory damages for the plaintiff’s loss, and punitive damages as punishment and deterrence. Ancient Roman law had more extreme forms of remedies. In both legal systems there has been a trend to restrict punitive damages over time. The United States made efforts in the 1980s to place caps on punitive damages, which were referred to as “relics of the past,” and enhance requirements for …

This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag

Publications

No abstract provided.

Our Natural Selves, Kenneth Anderson

Book Reviews

(Review of Luc Ferry, the New Ecological Order, and Michael Zimmerman, Contesting Earth's Future: Radical Ecology and Postmodernity) This 1995 Times Literary Supplement essay examines two books on the underlying philosophies of the ecology and environmentalism movements. The first, by Sorbonne professor and lately French Minister of Culture Luc Ferry, offers a critique of ecological philosophies that seek to de-privilege humanity in favor of a larger conception of nature. Ferry writes in a breezy, witty style which has at its aim reasserting liberal humanism and its human-centered ethic as against any ethic that treats human beings as merely species or …

The Magi Of The Great Salt Lake, Kenneth Anderson

Book Reviews

This 1995 Times Literary Supplement (London) review examines John L. Brooke's impressive The Refiner's Fire: The Making of Mormon Cosmology 1644-1844. Brooke argues against long prevailing scholarship that, on the one hand, views Mormon theology as genuinely American and, on the other hand, understands it purely functionally - without regard for its theological content, but instead as a function of social pressures on impoverished populations in upstate New York from whence came Joseph Smith. The former view is incorrect, Brooke says, because the roots of Mormon theology lie in Europe in gnostic and splinters of the "radical reformation" that lay …

Progressive Lawyering And Lost Traditions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Objectivity In Legal Judgement, Heidi Li Feldman

Michigan Law Review

This essay unites the philosophical concern with blend concepts and the legal concern with objectivity. Comparing blend legal concepts with other kinds of blend concepts develops our resources for ascertaining the distinctive characteristics of blend concepts. Cultivating a more refined understanding of blend concepts sharpens our inquiry into objectivity. In Part I of this essay, I explicate the distinctive characteristics of blend concepts, demonstrating that some representative legal concepts, drawn from tort law, possess these characteristics. In Part II, I develop a conception of objectivity suitable for blend judgments - the blend conception of objectivity - and use this conception …

Secular Fundamentalism, Paul F. Campos

Publications

No abstract provided.

Judaism And Postmodernism, Suzanne Last Stone

Cardozo Law Review

No abstract provided.

In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton

Faculty Scholarship

This Article opens with a discussion of Thoreau's philosophy of civil disobedience and then examines the ideas of four modem legal philosophers, Joseph Raz, Kent Greenawalt, John Rawls, and Ronald Dworkin, on the subject. Next, the Article compares the respective thinking of all five men regarding the circumstances that would justify the use of civil disobedience. To facilitate the comparison as well as to make it more relevant to the reader, the Article examines five related contemporary illustrations involving situations in which the use of civil disobedience might arguably be morally justified. This Article concludes with some general thoughts on …

Minority Cultures And The Cosmopolitan Alternative, Jeremy Waldron

University of Michigan Journal of Law Reform

I have chosen not to talk in this Article about the warning that Rushdie is sounding in his essay In Good Faith, but to discuss more affirmatively the image of the modern self that he conveys. Still, I hope that we do not lose sight of the warning. The communitarianism that can sound cozy and attractive in a book by Robert Bellah or Michael Sandel can be blinding, dangerous, and disruptive in the real world, where communities do not come ready-packaged and where communal allegiances are as much ancient hatreds of one's neighbors as immemorial traditions of culture.

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.