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Articles 61 - 90 of 242
Full-Text Articles in Law and Philosophy
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Michigan Law Review
Property was dead, to begin with. The coroner, Wesley Newcomb Hohfeld, revealed that the unity, tangibility, and objectivity of property perceived by our ancestors was a phantom. Property is, in fact, merely a "bundle of sticks." When conceptualized as a collection of rights, property loses its distinctive qualities and its essence. It therefore does not, or at least should not, exist. Without unity and physicality, property loses its objectivity and can only be a myth. The rabble might still believe in the old gods of property, but the educated "specialists" now know that this was vulgar superstition. Once the populace …
Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber
Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber
Michigan Law Review
A Review of Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment by Mark Tunick
The Anatomy Of Antiliberalism, Jeffrey R. Costello
The Anatomy Of Antiliberalism, Jeffrey R. Costello
Michigan Law Review
A Review of The Anatomy of Antiliberalism by Stephen Holmes
West On Story And Theory, L. H. Larue
West On Story And Theory, L. H. Larue
Michigan Law Review
A Review of Narrative, Authority, and Law by Robin West
A More Democratic Liberalism, Joshua Cohen
A More Democratic Liberalism, Joshua Cohen
Michigan Law Review
A Review of Political Liberalism
Transcendental Deconstruction, Transcendent Justice, J. M. Balkin
Transcendental Deconstruction, Transcendent Justice, J. M. Balkin
Michigan Law Review
A meaningful encounter between two parties does not change only the weaker or the stronger party, but both at once. We should expect the same from any encounter between deconstruction and justice. It might be tempting for advocates of deconstruction to hope that deconstruction would offer new insights into problems of justice, or, more boldly, to assert that "the question of justice" can never be the same after the assimilation of deconstructive insights. But, as a deconstructionist myself, I am naturally skeptical of all such blanket pronouncements, even - or perhaps especially - pronouncements about the necessary utility and goodness …
Objectivity In Legal Judgement, Heidi Li Feldman
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 …
A Morality Fit For Humans, Joseph Raz
A Morality Fit For Humans, Joseph Raz
Michigan Law Review
A Review of Human Morality by Samuel Scheffler
Equality And Partiality, Daniel A. Cohen
Equality And Partiality, Daniel A. Cohen
Michigan Law Review
A Review of Equality and Partiality by Thomas Nagel
Post-Totalitarian Politics, Guyora Binder
Post-Totalitarian Politics, Guyora Binder
Michigan Law Review
A Review of The End of History and the Last Man by Francis Fukuyama and Civil Society and Political Theory by Jean L. Cohen and Andrew Arato
Whose Loyalties?, Christina Whitman
Whose Loyalties?, Christina Whitman
Michigan Law Review
A Review of Loyalty: An Essay on the Morality of Relationships by George P. Fletcher
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
Michigan Law Review
Professor J.M. Balkin's recent essay in the Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balkin's thesis that a postmodern …
Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack
Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack
Michigan Law Review
We have attempted in this article to "begin over again and concentrate" by taking a fresh look at the interplay between guilt and jury verdicts. Somewhat to our surprise, we discovered that guilt is undefinable without reference to the larger society. We also discovered that our risk-of-error experiments implicated the principle of double jeopardy. When we began this thought experiment, we intended only to test the risk of error in various jury configurations and verdicts. We ended, however, by articulating a more fundamental principle: guilt is nothing more, and nothing less, than the judgment of society. Any verdict that accurately …
Conceptions Of Value In Legal Thought, Richard H. Pildes
Conceptions Of Value In Legal Thought, Richard H. Pildes
Michigan Law Review
A Review of Love's Knowledge by Martha C. Nussbaum
The Quest For Justice, James S. Fishkin
The Quest For Justice, James S. Fishkin
Michigan Law Review
A Review of Affirmative Action and Justice: A Philosophical and Constitutional Inquiry by Michel Rosenfeld
Playing With The Rules, Mark V. Tushnet
Playing With The Rules, Mark V. Tushnet
Michigan Law Review
A Review of Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and Life by Frederick Schauer
Law, Politics, And The Claims Of Community, Stephen A. Gardbaum
Law, Politics, And The Claims Of Community, Stephen A. Gardbaum
Michigan Law Review
This article aims to provide this needed analysis and then to show how it illuminates many of the exchanges taking place within the legal academy. It argues that the first step toward understanding "the claims of community" - whether in law or moral and political theory - is to recognize that, as the phrase itself suggests, more than one claim is involved. Merely to observe that the various proponents of community have as yet failed to establish a common and coherent communitarian position, though certainly true, is to miss the more critical insight: they are not engaged in such an …
Beyond The Constitution, Christopher J. Peters
Beyond The Constitution, Christopher J. Peters
Michigan Law Review
A Review of Beyond the Constitution by Hadley Arkes
Injustice And The Victim's Voice, Bernard Yack
Injustice And The Victim's Voice, Bernard Yack
Michigan Law Review
A Review of The Faces of Injustice by Judith Shklar
Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke
Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke
Michigan Law Review
A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker
Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran
Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran
Michigan Law Review
This essay advances the hypothesis that aesthetic considerations play a role in the formulation of new legal procedures and the preference for one procedure over another. Of course, other considerations like the social impact of a particular procedure or procedural system, its economic consequences, and its role within existing legal institutions are important, often decisive, factors influencing procedural choice. My argument is simply that additional unarticulated and unrecognized aesthetic considerations also play a role in the procedural reform process. I refer to these elements as "aesthetic" because they focus on the formal qualities of a procedure (simplicity, elegance, coherence, and …
The Negative Constitution: A Critique, Susan Bandes
The Negative Constitution: A Critique, Susan Bandes
Michigan Law Review
Part I describes the current approach, which demands adherence to the notion of a negative constitution. Part II critiques the assumptions underlying the current approach and demonstrates its undesirable consequences in decisional law. Part III explores the tenacious barriers to recognition of affirmative governmental duties: the constitutional, philosophical, and common law roots of the notion of a negative constitution, as well as the belief that recognizing affirmative duties would be an invitation to chaos. Finally, Part IV proposes discarding the rhetoric of negative rights and suggests an approach for constructing a theory better designed to effectuate constitutional goals.
"Aliens Are Coming! Drain The Pool", John D. Ayer
"Aliens Are Coming! Drain The Pool", John D. Ayer
Michigan Law Review
A Review of Doing What Comes Naturally: Change, Rhetoric and the Practice of Theory in Literary and Legal Studies by Stanley Fish. And Law and Literature: A Misunderstood Relation by Richard A. Posner
Moralistic Liberalism And Legal Moralism, Robert P. George
Moralistic Liberalism And Legal Moralism, Robert P. George
Michigan Law Review
A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg
Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler
Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler
Michigan Law Review
A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton
Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof
Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof
Michigan Law Review
A Review of The Fourteenth Amendment: From Political Principle to Judicial Doctrine by William E. Nelson
The Law's Secrets, Gary T. Marx
The Law's Secrets, Gary T. Marx
Michigan Law Review
A Review of Legal Secrets: Equality and Efficiency in the Common Law by Kim Lane Scheppele
The Interpreters, Kenneth L. Karst
The Interpreters, Kenneth L. Karst
Michigan Law Review
A Review of Justice as Translation: An Essay in Cultural and Legal Criticism by James Boyd White
Democracy And Its Critics, Cary Coglianese
Democracy And Its Critics, Cary Coglianese
Michigan Law Review
A Review of Democracy and Its Critics by Robert A. Dahl
Can Rights Move Left?, Jeremy Paul
Can Rights Move Left?, Jeremy Paul
Michigan Law Review
A Review of The Right to Private Property by Jeremy Waldron