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Articles 1 - 30 of 31
Full-Text Articles in Law and Philosophy
Copyrighting Facts, Michael S. Green
To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson
To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson
Book Reviews
This essay from the Times Literary Supplement (23 May 2003) reviews books on Lincoln's speeches and writings, particularly the Second Inaugural Address. It examines the transition from the First Inaugural Address to the Second Inaugural Address, finally focusing on how Lincoln seeks to steer between moral relativism about the war - each side does as it sees right - and moral absolutism.
The New Leviathan, Dennis Patterson
The New Leviathan, Dennis Patterson
Michigan Law Review
Reputation in any field is an elusive phenomenon: part notoriety, part honor, part fame, part critical assessment. Even in legal scholarship it has an uneven, unpredictable quality. It is hard to imagine a book by a law professor that has had more immediate impact on world leaders than Philip Bobbitt's The Shield of Achilles. Much of the national-security strategy devised by the U.S. administration after the September 11 attacks expresses ideas Bobbitt conceived long before; and from a different point on the political spectrum is the Archbishop of Canterbury, whose televised nationwide address in January explicitly took the book as …
The Unruliness Of Rules, Peter A. Alces
The Unruliness Of Rules, Peter A. Alces
Michigan Law Review
Analytical jurisprudence depends on a posited relation between rules and morality. Before we may answer persistent and important questions of legal theory - indeed, before we can even know what those questions are - we must understand not just the operation of rules but their operation in relation to morality. Once that relationship is formulated, we may then come to terms with the likes of inductive reasoning in Law, the role of precedent, and the fit, such as it is, between Natural Law and Positivism as well as even the coincidence (or lack thereof) between inclusive and exclusive positivism. That …
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Michigan Law Review
The story is told of an American wending his way through the British Museum. Reaching the Rosetta Stone, he reached right over the railing, touched the scarred slab, and lamented: "It doesn't feel meaningful." Whereupon an old Briton was heard to mumble: "The poor American's got this old thing confused with the Blarney Stone." A bully presses his case, but meaning is much more modest. Powerless to insist upon itself, meaning lies in wait of discovery. What distinguishes the Rosetta Stone from other rocks of the same kind and size is that it was someone's - or rather a group's …
Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni
Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni
San Diego International Law Journal
Many today claim that, after WWII, the fall of the Berlin wall and, now, September 11, 2001, the changing nature of nation states, democracy, and the law can no longer be sensibly ignored. How can comparative law contribute to such an important debate? In what follows, it is argued that one way to contribute to the debate over the changing nature of nation states, democracy, and the law would be to engage in poetic comparisons of law's many domains. What, then, are poetic comparisons of law, and what do they invite us to do? Learning from Martin Heidegger's life-long advocacy …
Corporate Advertising's Democracy, Bruce Ledewitz
Corporate Advertising's Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Promise Of Democracy, Bruce Ledewitz
The Promise Of Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan
Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan
Faculty Scholarship
No abstract provided.
Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg
Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg
UIC Law Review
No abstract provided.
Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog
Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog
Reviews
The explosion of primary texts from seven- teenth-century England continues to trigger an explosion of scholarly treatments today. For good reason, too: Lots of the primary texts are amazing, and not just those tired old warhors- es, Hobbes's Leviathan and Locke's Second Treatise. As fun and challenging as the primary texts are, you are forgiven a touch of skepticism if you wonder just what the latest author has to add to our understanding. You might redouble your skepticism if you just glance at Mark Stephen Jendrysik's table of contents, offering chapters on Winstanley, Milton, Cromwell, Filmer, and Hobbes, and zeroing …
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. …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
While Bauman provides persuasive rebuttals to many of the CLS criticisms of liberalism, contemporary liberalism suffers from some of the same shortcomings Bauman observes about CLS. For example, Bauman criticizes CLS for not having a conceptual foundation (an external standard of truth) to demystify the liberal legal consciousness claimed to be inherent in the law. Bauman also argues that contemporary liberal theorists, like John Rawls, avoid the “comprehensive metaphysical or ontological framework” (p.30), held to be incoherent by CLS. However, Bauman fails to realize that Rawls similarly lacks a conceptual foundation to justify his “political not metaphysical” form of political …
Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber
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 …
Truth, Truths, "Truth," And "Truths" In The Law, Susan Haack
Truth, Truths, "Truth," And "Truths" In The Law, Susan Haack
Articles
No abstract provided.
Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber
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 …
A Bad Subject, Daria Roithmayr
Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz
Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Epidemiology Of Critique, Michael Fischl
The Epidemiology Of Critique, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider
Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
How To Be A Moorean, Donald H. Regan
How To Be A Moorean, Donald H. Regan
Articles
G. E. Moore’s position in the moral philosophy canon is paradoxical. On the one hand, he is widely regarded as the most influential moral philosopher of the twentieth century. On the other hand, his most characteristic doctrines are now more often ridiculed than defended or even discussed seriously. I shall discuss briefly a number of Moorean topics—the nonnaturalness of “good,” the open question argument, the relation of the right and the good, whether fundamental value is intrinsic, and the role of beauty—hoping to explain how a philosophically informed person could actually be a Moorean even today.1
The Unruliness Of Rules, Peter A. Alces
Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang
Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang
Publications
No abstract provided.
Book Review, Lakshman Guruswamy
Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff
Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff
Publications
No abstract provided.
Easy For You To Say: An Essay On Outsiders, The Usefulness Of Reason, And Radical Pragmatism, Daria Roithmayr
Easy For You To Say: An Essay On Outsiders, The Usefulness Of Reason, And Radical Pragmatism, Daria Roithmayr
Publications
In this essay, I argue that Schlag's critique of reason fails to take into account the concerns of people of color and women in two ways. First, it fails to address the way in which the ideology of reason structures racial and gendered power. Second, it fails to consider the value of the ideology of reason for people of color and women, both of whom might extract political gain from deploying the incumbent ideology to their advantage. I offer a version of radical pragmatism that attempts to reconcile Schlag's critique of reason with these criticisms.
Public Reason As A Public Good, Aaron-Andrew P. Bruhl
Public Reason As A Public Good, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Faculty Publications
No abstract provided.
About Morality And The Nature Of Law, Joseph Raz
About Morality And The Nature Of Law, Joseph Raz
Faculty Scholarship
In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.
A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin
A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin
Graduate Student Dissertations, Theses, Capstones, and Portfolios
The purpose of this research is to determine if a relationship exists between higher education levels and misconduct allegations for Deputy Sheriffs. Official documentation from 128 internal affairs reports were collected from the Palm Beach County Sheriff's Office. Significant relationships were found to exist between higher education levels and the misconduct allegations. While some college exposure may be beneficial for job performance, a four-year degree may not yield the desired results.