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Articles 121 - 150 of 242
Full-Text Articles in Law and Philosophy
Blame The Messenger: Summers On Fuller, Paul A. Lebel
Blame The Messenger: Summers On Fuller, Paul A. Lebel
Michigan Law Review
A Review of Lon L. Fuller by Robert S. Summers
The Morality Of Obedience, Joseph Raz
The Morality Of Obedience, Joseph Raz
Michigan Law Review
A Review of A Theory of Law by Philip Soper
Sources Of Law, Legal Change, And Ambiguity, Michigan Law Review
Sources Of Law, Legal Change, And Ambiguity, Michigan Law Review
Michigan Law Review
A Review of Sources of Law, Legal Change, and Ambiguity by Alan Watson
Passion: An Essay On Personality, Michigan Law Review
Passion: An Essay On Personality, Michigan Law Review
Michigan Law Review
A Review of Passion: An Essay on Personality by Roberto Mangabeira Unger
The Dilemmas Of Individualism: Status, Liberty, And American Constitutional Law, Michigan Law Review
The Dilemmas Of Individualism: Status, Liberty, And American Constitutional Law, Michigan Law Review
Michigan Law Review
A Review of The Dilemmas of Individualism: Status, Liberty, and American Constitutional Law by Michael J. Phillips
Socialism And Federation, John N. Hazard
Socialism And Federation, John N. Hazard
Michigan Law Review
Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.
Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp
Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp
Michigan Law Review
The history of federations is both long and short. It is long in that the federation originated with the Swiss Confederation, which dates back to the 1291 defense confederacy of the cantons of Uri, Schwyz and Unterwalden; it is short because the second federation in world history, one that has become a model for many others, did not come into being until almost five centuries later in America.
In Search Of A Free Speech Principle, Mark G. Yudof
In Search Of A Free Speech Principle, Mark G. Yudof
Michigan Law Review
A Review of Free Speech: A Philosophical Enquiry by Frederick Schauer
How Radical Is Liberalism?, Virginia L. Warren
How Radical Is Liberalism?, Virginia L. Warren
Michigan Law Review
A Review of Justice, Equal Opportunity, and the Family by James S. Fishkin
Injustice, Inequality And Ethics, Michigan Law Review
Injustice, Inequality And Ethics, Michigan Law Review
Michigan Law Review
A Review of Injustice, Inequality, and Ethics by Robin Barrow
Founders And Foundations Of Legal Positivism, David Lyons
Founders And Foundations Of Legal Positivism, David Lyons
Michigan Law Review
A Review of Essays on Bentham: Studies In Jurisprudence and Political Theory by H.L.A. Hart, and John Austin by W.L. Morison
Defending Equality: A View From The Cave, James S. Fishkin
Defending Equality: A View From The Cave, James S. Fishkin
Michigan Law Review
A Review of Spheres of Justice: A Defense of Pluralism and Equality by Michael Walzer
Intuition And Security In Moral Philosophy, Stephen R. Munzer
Intuition And Security In Moral Philosophy, Stephen R. Munzer
Michigan Law Review
A Review of Moral Thinking: Its Levels, Method, and Point by R.M. Hare
Legal Right And Social Democracy: Essays In Legal And Political Philosophy, Michigan Law Review
Legal Right And Social Democracy: Essays In Legal And Political Philosophy, Michigan Law Review
Michigan Law Review
A Review of Legal Right and Social Democracy: Essays in Legal and Political Philosophy by Neil MacCormick
Reconstructing Public Philosophy, Michigan Law Review
Reconstructing Public Philosophy, Michigan Law Review
Michigan Law Review
A Review of Reconstructing Public Philosophy by William M. Sullivan
The Unfinished Work Of The Instrumentalists, Willard Hurst
The Unfinished Work Of The Instrumentalists, Willard Hurst
Michigan Law Review
A Review of Instrumentalism and American Legal Theory by Robert Samuel Summers
The Limits Of Obligation, Michigan Law Review
The Limits Of Obligation, Michigan Law Review
Michigan Law Review
A Review of The Limits of Obligation by James S. Fishkin
Promises, Morals, And Law, Michigan Law Review
Promises, Morals, And Law, Michigan Law Review
Michigan Law Review
A Review of Promises, Morals, and Law by P.S. Atiyah
Contract As Promise: A Theory Of Contractual Obligation, Michigan Law Review
Contract As Promise: A Theory Of Contractual Obligation, Michigan Law Review
Michigan Law Review
A Review of Contract as Promise: A Theory of Contractual Obligation by Charles Fried
Laws, Norms And Authority, Michigan Law Review
Laws, Norms And Authority, Michigan Law Review
Michigan Law Review
A Review of Laws, Norms and Authority by George C. Christie
So Reason Can Rule, Michigan Law Review
So Reason Can Rule, Michigan Law Review
Michigan Law Review
A Review of So Reason Can Rule by Scott Buchanan
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Michigan Law Review
A Review of The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose by Francis A. Allen
The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen
The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen
Michigan Law Review
I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.
In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky
In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky
Michigan Law Review
Part I of this essay analyzes Professor Westen's arguments that the concept of equality is unnecessary. My contention is that Professor Westen never demonstrates that equality is meaningless; his arguments only prove the obvious, that equality by itself is insufficient. Part II argues that equality is a necessary principle: It is the only concept that tells us that different treatment of people does matter. Part III addresses Professor Westen's suggestion that equality is misleading and points out that none of his criticisms of the idea of equality are in any way inherent to that concept. Finally, Part IV demonstrates that …
Is Equality A Totally Empty Idea?, Anthony D'Amato
Is Equality A Totally Empty Idea?, Anthony D'Amato
Michigan Law Review
Professor Peter Westen's essay asserting that the concept of equality has no substantive content whatsoever usefully brushes aside much of the equal-protection rhetoric that, as Westen carefully explains, appropriately belongs to substantive due process. However, his absolutist position is open to challenge. I would like to posit one hypothetical case that I used in my classes when I taught Constitutional Law that I think contradicts Professor Westen's thesis. If it does, then there will be other cases as well, and his position cannot stand as the logically tight construct that he repeatedly asserts that it is.
Reason And Law, George C. Christie
Reason And Law, George C. Christie
Michigan Law Review
A Review of Justice, Law, and Argument: Essays in Moral and Legal Reasoning by Chaim Perelman
Social Justice In The Liberal State, Michigan Law Review
Social Justice In The Liberal State, Michigan Law Review
Michigan Law Review
A Review of Social Justice in the Liberal State by Bruce A. Ackerman
Utilitarianism Reformed, L. W. Sumner
Utilitarianism Reformed, L. W. Sumner
Michigan Law Review
A Review of Utilitarianism and Co-operation by Donald H. Regan
On Justifying Democracy, Michigan Law Review
On Justifying Democracy, Michigan Law Review
Michigan Law Review
A Review of On Justifying Democracy by William N. Nelson
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.