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Articles 1 - 30 of 190
Full-Text Articles in Law and Philosophy
December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz
December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz
Hallowed Secularism
Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz
December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz
Hallowed Secularism
Blog post, “As Christmas Goes, So Goes the Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz
December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Does a Hallowed Secularist Send Chanukah Gifts?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz
December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz
Hallowed Secularism
Blog post, “Outrageous Breach of Wall of Separation as Rabbis Urge Lieberman to Support Health Care Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2009: The Fight For Chanukah, Bruce Ledewitz
December 16, 2009: The Fight For Chanukah, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Fight for Chanukah“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 13, 2009: Time To Buy An American Car, Bruce Ledewitz
December 13, 2009: Time To Buy An American Car, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Buy an American Car“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 10. 2009: The New Weirdness, Bruce Ledewitz
December 10. 2009: The New Weirdness, Bruce Ledewitz
Hallowed Secularism
Blog post, “The New Weirdness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz
December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Religious Politics “Undemocratic”?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz
December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Charles Taylor and the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 2, 2009: Is Islam Different?, Bruce Ledewitz
December 2, 2009: Is Islam Different?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Islam Different?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 29, 2009: The Iranian Bomb, Bruce Ledewitz
November 29, 2009: The Iranian Bomb, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz
November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Thanksgiving Everyone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz
November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Serious Man, A Serious Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz
November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Young Don’t Read the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz
November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz
November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz
Hallowed Secularism
Blog post, “When Scientists Speak of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz
November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Religious Extremists in the Military“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz
November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Does a Hallowed Secularist Face Death?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz
November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Role of Religion in Building Coalitions Over Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz
November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hopeful Signs in the Vote in Maine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz
November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Calls for Believers to Translate Their Beliefs“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Value Pluralism And The Two Concepts Of Rights, Horacio Spector
Value Pluralism And The Two Concepts Of Rights, Horacio Spector
San Diego Law Review
In Part II, I will indicate how the Will Theory and the Interest Theory each capture distinct features of the usage of right in contemporary moral and legal discourse. However, I will also argue that neither of the two theories is successful in explaining all the properties of rights. In Part III, I will argue that the debate between the two theories is irresolvable because the Will Theory and the Interest Theory reflect the meaning of rights within rival and incommensurable value paradigms existing in today's moral and legal culture. The incommensurability of the underlying value paradigms leads to radical …
Normative Conflict In International Law, Carmen Pavel
Normative Conflict In International Law, Carmen Pavel
San Diego Law Review
In Part II, I will illustrate the problem of conflict in international law by drawing on two cases in international trade law. I will then argue in Parts III and IV that legal conflict often represents a genuine normative conflict grounded in our multiple, incommensurable, and potentially conflicting moral commitments. In doing so, I will deflect potential skepticism about the reality of normative conflict in international law. Drawing from existing international legal practice, I will show in Part IV that we can resort to a substantial toolbox of rules and principles to reconcile legal norms that are in tension with …
Introduction To The 2009 Editors' Symposium: Isaiah Berlin, Value Pluralism, And The Law, Larry Alexander
Introduction To The 2009 Editors' Symposium: Isaiah Berlin, Value Pluralism, And The Law, Larry Alexander
San Diego Law Review
The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2009 Editors' Symposium of the San Diego Law Review.
On This Side Of The Law And On That Side Of The Law, Maimon Schwarzschild
On This Side Of The Law And On That Side Of The Law, Maimon Schwarzschild
San Diego Law Review
Value pluralism is the idea that legitimate human values and goals are many, often incompatible, and not reducible to any single overarching principle or Good. Value pluralism is probably the central idea - you could say the single overarching idea - in the work of Sir Isaiah Berlin, the English philosopher and historian of ideas. Berlin's theme is that individuals, and societies as well, have ideals and aspirations that conflict, and that therefore cannot all be fully realized. Thus a society cannot have perfect equality and perfect liberty because some people will exercise freedom to differentiate themselves, and hence to …
Pluralism, Liberalism, And Distributive Justice, George Crowder
Pluralism, Liberalism, And Distributive Justice, George Crowder
San Diego Law Review
My general task in this paper is to argue that Ronald Dworkin is incorrect about the indeterminate and paralyzing character of pluralism. The background worry that motivates Dworkin's attack on the truth of pluralism is misplaced. Pluralism is not the field of indeterminacy and reform paralysis that he supposes it to be. More specifically, I argue this point with reference to the question of justice in economic distribution. Using the liberal-pluralist approach I have developed elsewhere, I try to show that a value-pluralist approach to distributive justice, far from leading to inaction or acquiescence in existing patterns of power, commends …
What Value Pluralism Means For Legal-Constitutional Orders, William A. Galston
What Value Pluralism Means For Legal-Constitutional Orders, William A. Galston
San Diego Law Review
I begin by summarizing my version of liberal pluralism, emphasizing that the notion of pluralism implies not only value conflicts and hard choices but also a set of normative principles that are capable of guiding public policy. I then use that framework to adjudicate between rival approaches to distributive justice within liberalism, starting with the basic division between laissez-faire and egalitarian-redistributive approaches and proceeding to the leading alternatives within egalitarianism.
Berlin's Methodological Parsimony, Daniel M. Weinstock
Berlin's Methodological Parsimony, Daniel M. Weinstock
San Diego Law Review
In this Article, I want to suggest a third line of argument that can be retrieved from Two Concepts. It is primarily methodological. It enjoins political theorists to define the extension of normative concepts in a manner that makes as perspicuous as possible the various normative considerations that are relevant to political decisionmaking. Although related to the pluralist defense of negative freedom briefly alluded to above, I will suggest that it is distinct from it, and that it allows us to address important but under appreciated lacunae that beset the argument from value pluralism, as well as the argument according …
The Path Between Value Pluralism And Liberal Political Order: Questioning The Connection, Patrick Neal
The Path Between Value Pluralism And Liberal Political Order: Questioning The Connection, Patrick Neal
San Diego Law Review
After a few terminological preliminaries in Part II, I turn to two primary tasks. First, in Part III, I raise questions that seem to me to confront the basic logic of the connection between value pluralism and liberalism. Second, in Part IV, I discuss at length the "argument from diversity" articulated by George Crowder in support of the view that value pluralism supports liberalism. This line of argument is only one of a number that Crowder advances in support of that view, and so doubts about its success do not necessarily implicate the other lines of argument he pursues. However, …
The Plural Implications Of Value Pluralism: A Comment On Maimon Schwarzschild's On This Side Of The Law And On That Side Of The Law, Iddo Porat
San Diego Law Review
I suggest that there are two main views that can be found in Professor Schwarzschild's paper. The first is a strong suspicion of any type of centralized power, especially judicial power, as potentially stifling the plurality of values in society and imposing a monolithic view from above. This theme makes federalism and judicial activism especially central issues in the paper, and I will concentrate on both of them in my comment. The second view regarding the application of value pluralism is more subtle. It is a Burkean defense of traditional institutions, arguing that they represent a way of life in …