Law and Philosophy Commons^™

January 19, 2009: Steelers Win Again, Bruce Ledewitz

Hallowed Secularism

Blog post, “Steelers Win Again“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 17, 2009: The Tony Blair Faith Foundation, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Tony Blair Faith Foundation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 15, 2009: The Problem With Today's Church-State Jurisprudence, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Problem with Today's Church-State Jurisprudence“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 12, 2009: The End Of Market Economics, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of Market Economics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 11, 2009: Steelers Win, Bruce Ledewitz

Hallowed Secularism

Blog post, “Steelers Win“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 9, 2009: So Help Me God?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So Help Me God?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 7, 2009: Signs Of The Struggle Over Secularism In Borders Bookstore, Bruce Ledewitz

Hallowed Secularism

Blog post, “Signs of the Struggle Over Secularism in Borders Bookstore“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 5, 2009: Kentucky Legislator Tom Riner And The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Kentucky Legislator Tom Riner and the Wall of Separation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 3, 2009: The Fighting In Gaza, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fighting in Gaza“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Charles Taylor And The Future Of Secularism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Bitter Knowledge: Socrates And Teaching By Disillusionment Appendix C - The Theaetetus, Thomas D. Eisele

Faculty Articles and Other Publications

It was been suggested (and here I am thinking in particular of comments made by Professor William Prior) that my book, Bitter Knowledge, would benefit from a more comprehensive attention to the argumentative details of the dialogues studied there. Professor Prior specifically suggests that, if we were to be given more of their argumentation, we might better appreciate the motivation or the disposition of the speakers in the dialogues under study.

The book as designed, as submitted in typescript, and as accepted for publication, included three appendices. These appendices comprised detailed outlines of the speakers and events portrayed in, respectively, …

Bitter Knowledge: Socrates And Teaching By Disillusionment Appendix B - The Meno, Thomas D. Eisele

Faculty Articles and Other Publications

It was been suggested (and here I am thinking in particular of comments made by Professor William Prior) that my book, Bitter Knowledge, would benefit from a more comprehensive attention to the argumentative details of the dialogues studied there. Professor Prior specifically suggests that, if we were to be given more of their argumentation, we might better appreciate the motivation or the disposition of the speakers in the dialogues under study.

The book as designed, as submitted in typescript, and as accepted for publication, included three appendices. These appendices comprised detailed outlines of the speakers and events portrayed in, respectively, …

Bitter Knowledge: Socrates And Teaching By Disillusionment Appendix A - The Protagoras, Thomas D. Eisele

Faculty Articles and Other Publications

It was been suggested (and here I am thinking in particular of comments made by Professor William Prior) that my book, Bitter Knowledge, would benefit from a more comprehensive attention to the argumentative details of the dialogues studied there. Professor Prior specifically suggests that, if we were to be given more of their argumentation, we might better appreciate the motivation or the disposition of the speakers in the dialogues under study.

The book as designed, as submitted in typescript, and as accepted for publication, included three appendices. These appendices comprised detailed outlines of the speakers and events portrayed in, respectively, …

New Adventures Of Old Pauline Law, Tawia Baidoe Ansah

Faculty Publications

This article examines the idea of law within two recent philosophical approaches to a theological text. Giorgio Agamben and Alain Badiou, two postmodern philosophers on the political left, look to the letters of St. Paul for the definition and extraction of the political subject. They look to Paul’s messianism and his conversion to discover, within their own philosophical projects, what is truly political within the Western philosophical tradition, for which Paul’s theology is unconditional. The article focuses on the conception of law that, in turn, derives from these projects. The article suggests that within both, despite the objective rejection of …

The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl

UIC Law Review

No abstract provided.

A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings

UIC Law Review

No abstract provided.

Observations On Leadership: Moral And Otherwise, 43 J. Marshall L. Rev. 159 (2009), William Arthur Wines

UIC Law Review

No abstract provided.

Le Concept Hartien D’Obligation Juridique Stephen, Stephen Utz

Faculty Articles and Papers

H. L. A. Hart’s well known attempt to show that a legal system need not satisfy moral standards to be such, and thereby to disprove the alleged thesis of natural lawyers that a wicked law is no law at all, apparently assumes the fact-value dichotomy in its most radical formulation. As part of his project, Hart advanced a putatively value-neutral analysis of legal obligation that holds distinct attraction even for those who question Hart’s broader project. My paper argues that a less extreme view of the fact-value dichotomy would have excused Hart from defending his view of legal obligation in …

Recognition Of Group Rights As Requisite To Substantive Equality Goals, Kathrina Szymborski

Michigan Law Review First Impressions

Courts, legislatures, and scholars are increasingly turning away from traditional Aristotelian thinking in favor of a substantive, pro-active approach to equality. Under the substantive approach, the identification and eradication of systematic discrimination replace an adherence to neutral principles. This Comment argues that while a substantive approach is the most effective way to bring about true equality, it will not succeed unless it centers on protecting group rights. State decision-makers and international human rights advocates must focus on group experiences in order to create societies where no one is favored based on immutable characteristics.

Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

No abstract provided.

Our Founding Feelings: Emotion, Commitment, And Imagination In Constitutional Culture, Doni Gewirtzman

University of Richmond Law Review

No abstract provided.

When Does Might Make Right? Using Force For Regime Change, John Linarelli

Scholarly Works

Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …

The Resilience Of Law, Joseph Vining

Book Chapters

One of the striking developments in academic law in the past half century is the reconception of law as one of the social sciences. The idea at work in this movement, as Joseph Vining says in this essay, is not that the law should use the findings of other disciplines for its own purposes and in its own way, but that in some deep way law itself - legal thinking, legal life - can and ought to proceed on the premises of social science, indeed of science itself. This is in one sense obviously impossible: a scientific rule is a …

International Law: Practical Authority, Global Justice, John Linarelli

Scholarly Works

No abstract provided.

Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott

Articles & Book Chapters

This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …

Book Review. Liberty: Rethinking An Imperiled Ideal By Glenn Tinder, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud

Richmond Public Interest Law Review

To understand a social system, it is important to have some knowledge of the structure and principles governing that system. The principles, when applied to the system, help in arriving at a better understanding of the underlying forces that operate dynamically to hold the system together. As the core values of a society change, the system must be able to adapt and reformulate its governing principles in order to compensate. When the system can no longer adapt to change and progress, it cries out for replacement. In light of the foregoing, this article further seeks to examine the universal principles …

Race And Essentialism In Gloria Steinem, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper reflects on Angela Harris's essay Race and Essentialism in Feminist Legal Theory.. Harris is one of the foremost law professors in the country. She has co-written or coedited several important critical race theory and feminist theory casebooks as well as a casebook for a first-year course. This particular essay is one of the most cited critical race theory pieces ever, having been referred to in at least 796 articles. Professor Cooper joins a group of distinguished peers, describing the power Harris' work has on them now and when they were developing scholars.

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud

Journal Publications

This article seeks to examine the universal principles of Dharma and Karma as inherent principles within our social system. The hope is to bring about a better understanding of their influences and impact on our justice system by focusing the discussion on the utilization of these concepts by Mohandas Karamchand Gandhi and Martin Luther King, Jr. in their struggles for justice and equality in two distinct social realities.