Law and Philosophy Commons^™

Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait

Law Faculty Publications

The preferred political metaphor in the constitutionalist context was the mystical political body, a concept that defined a system in which power was shared and the well-being of the community was linked to the well-being of the individual. Within the mystical political body, the theoretical possibility exists for women not only to occupy a civic space through organic (and organological) association but also to articulate their perspective and its consequences for the political community in a civically approved way. In the mystical body, women approach a citizenship status impossible within the traditional family framework and their witnessing is closely associated …

The Kelo Threshold: Private Property And Public Use Reconsidered, Steven E. Buckingham

University of Richmond Law Review

No abstract provided.

The Three Independences, H. Jefferson Powell

University of Richmond Law Review

No abstract provided.

Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber

Richmond Journal of Law and the Public Interest

In this article, I propose a way of reading the text that has both interpretive and philosophical merits. It is a more straightforward and literal reading of the text, requiring less interpolation than alternative readings. It also attributes to Aristotle a theory of moral responsibility which is, if not correct, at least as worthy of attention as many of the contemporary theories under debate. My own view is that the objections raised miss their target not because they fail to voice legitimate concerns about an adequate theory of moral responsibility, but because what Aristotle offers in the text in question …

Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber

Richmond Public Interest Law Review

In this article, I propose a way of reading the text that has both interpretive and philosophical merits. It is a more straightforward and literal reading of the text, requiring less interpolation than alternative readings. It also attributes to Aristotle a theory of moral responsibility which is, if not correct, at least as worthy of attention as many of the contemporary theories under debate. My own view is that the objections raised miss their target not because they fail to voice legitimate concerns about an adequate theory of moral responsibility, but because what Aristotle offers in the text in question …

Signaling Or Reciprocating? A Response To Eric Posner's Law And Social Norms, Dan M. Kahan

University of Richmond Law Review

There is an almost heretical disenchantment with law percolating within the legal academy. Conventional wisdom sees law as the natural solution to problems of collective action. When attaining some societal good-for example, a clean environment, a stock of useful technologies, a public education system, or a transportation infrastructure-depends on the willingness of individuals to behave in a manner that is not in their material interest, the law supplies incentives-such as tax abatements for nonpolluters, property rights for inventors, and punishments for tax cheats-that bring individual interests into alignment with collective ones. The problem, though, is that a regime of regulatory …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Politics Of Meaning: Law Dictionaries And The Liberal Tradition Of Interpretation, Gary L. Mcdowell

Law Faculty Publications

At least since John Cowell's Interpreter was adjudged by the Committee on Grievances of the House of Commons in 1610 to be "very unadvised, and undiscreet, tending to the disreputation of the honour and power of the common laws" have law dictionaries been objects of occasional controversy. Yet legal dictionaries, as well as dictionaries more generally, have remained a constant resource in American law for those seeking to give meaning to the words of both statutes and constitutional provisions. They have appeared in the pages of the reports since the beginning of the republic; a majority of the justices of …

Liberalism And The Possibility Of Multicultural Constitutionalism: The Distinction Between Deliberative And Dedicated Cultures, Robert Justin Lipkin

University of Richmond Law Review

Liberalism and multicultural constitutionalism are on a collision course destined to become the next great battlefield in the unfolding odyssey of American constitutional law. The impending battle will define the scope and limits of liberal constitutionalism and its role as the model for democracy around the world. While turbulence between liberalism and multicultural constitutionalism occurs across a panoply of controversies, the eye of the storm focuses on one central question: Can liberalism tolerate non-liberal cultures? This article explores the hypothesis that liberalism's deep structure precludes it from explaining and justifying the toleration of non-liberal cultures. If so, this hypothesis has …

The Democratic Entitlement, Thomas M. Franck

University of Richmond Law Review

Elsewhere, writing in January, 1992, I indicated my belief that we are witnessing "the emergence of a community expectation: that those who seek the validation of their empowerment" must "patently govern with the consent of the governed. Democracy, thus, is on the way to becoming a global entitlement, one that increasingly will be promoted and protected by collective international processes.."

Rawls's Excessively Secular Political Conception, Gary C. Leedes

University of Richmond Law Review

In Political Liberalism, John Rawls clarifies the differences between general theories of human nature and his model of justice. Unlike most philosophers in the Western tradition, Rawls does not place the subject of justice within a comprehensive theory of human behavior. His conception of justice rests solely on a unique "construct" called the "liberal political conception" (LPC). Rawls claims that his freestanding LPC, if adopted by citizens of a constitutional democracy, could unite reasonable persons otherwise divided by their ideologies. As a result,, citizens-given favorable conditions-enjoy the benefits of a stable, well-ordered society.

Selected Topics In Tort Law, Sheila L. Birnbaum, Robert Keeton, Richard Delgado, Deborah R. Hensler

University of Richmond Law Review Symposium

This speaker series took place over several days during the Spring semester of 1990.

"The Special Problems of Causation in Toxic Tort Cases" lecture given by Sheila L. Birnbaum, Partner in the New York City firm Skadden, Arps, Slate, Meagher, & Flom. (Tuesday, January 23, 1990)

"Damage Recovery in Toxic Tort Suits" lecture given by Sheila L. Binbaum, Partner in the New York City firm Skadden, Arps, Slate, Meagher, & Flom. (Tuesday, January 30, 1990)

"Methods and Roles in Tort Lawmaking" lecture given by The Honorable Robert Keeton, Langdell Professor Emeritus at Harvard Law School, U.S. District Court Judge for …

Liberalism Republicanism And The Abortion Controversy, Gary C. Leedes

Law Faculty Publications

This article considers the abortion controversy in the context of intellectual history and political theory. It does not analyze the Supreme Court's recent abortion cases, rely upon formal legal reasoning, or predict how the Court will decide any cases currently pending on its docket. Instead, it examines the Court's current options in light of the intersecting and pliable traditions of liberalism and republicanism. ...

The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Plato's solution for the handicapped children of Athens advanced some 2400 years ago was rejected by the Supreme Court of the United States in famous dictum in Meyer v. Nebraska as being "ideas. . . wholly different from those upon which our institutions rest .... " However, it took about half a century for the ultimate repudiation of the ideas espoused by the great philosopher as the Supreme Court's 1923 dictum finally bore fruit in federal court decisions establishing a constitutional right to education for handicapped children and in a congressional definition of such a right in the Education for …