Law and Philosophy Commons^™

Felix Cohen On Legislation, Michael S. Green

Faculty Publications

Felix Cohen's and Walter Wheeler Cook's prediction theory of law was a fundamentally positivist theory, according to which the law of a jurisdiction is reducible to regularities of official behavior. Cohen used the prediction theory to argue for philosophical anarchism - that is, the view that the existence of law does not entail a duty, even a prima facie duty, of obedience. In particular, Cohen extended philosophical anarchism to adjudication. The fact that officials in a jurisdiction regularly behave in a certain way does not give a judge adjudicating a case a moral reason to do the same. In deciding …

May 26, 2013: How Hippies Became Evangelical Conservatives, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Hippies Became Evangelical Conservatives“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 21, 2013: Spiritual Exercise #1, Bruce Ledewitz

Hallowed Secularism

Blog post, “Spiritual Exercise #1“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 19, 2013: Religion, The Decline Of Magic, And The Rise Of Rationalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion, the Decline of Magic, and the Rise of Rationalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 16, 2013: Was Schempp Such A Triumph?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Was Schempp Such a Triumph?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 12, 2013: Is Obama Nixon?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Is Obama Nixon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 9, 2013: Secular Discomfort At Shaming, Bruce Ledewitz

Hallowed Secularism

Blog post, “Secular Discomfort at Shaming“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 5, 2013: So, What Is Science As We Know It Is At An End?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So, What Is Science As We Know It Is at an End?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 2, 2013: Nihilism And Science, Bruce Ledewitz

Hallowed Secularism

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

Book Review: Visualizing Law In The Age Of The Digital Baroque: Arabesques And Entanglements, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.

April 28, 2013: We Don’T Need Secularists, We Need Democrats, Bruce Ledewitz

Hallowed Secularism

Blog post, “We Don’t Need Secularists, We Need Democrats“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 25, 2013: The Coming Secularization Of Islam, Bruce Ledewitz

Hallowed Secularism

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

April 21, 2013: The Third Church/State Issues Symposium In Philadelphia, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Third Church/State Issues Symposium in Philadelphia“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 18, 2013: Boston, Bruce Ledewitz

Hallowed Secularism

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

April 13, 2013: Cherry Picking Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “Cherry Picking Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 7, 2013: The Broadway Show, The Book Of Mormon, Is Sick, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Broadway Show, The Book of Mormon, is Sick“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 4, 2013: Why Tolerate Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Tolerate Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Hovering Too Close: The Ramifications Of Helicopter Parenting In Higher Education, Kathleen Vinson

Georgia State University Law Review

“They are needy, overanxious and sometimes plain pesky—and schools at every level are trying to find ways to deal with them. No, not students. Parents—specifically parents of today’s ‘millennial generation’ who, many educators are discovering, can’t let their kids go.”

Some parents, called “helicopter parents” for constantly hovering over their children, are now making higher institutions their landing pads. They hover from the prospective admissions stage to graduation and the job market beyond—contacting presidents of universities, deans, and professors, disputing their child’s grade; requesting an extension for their child; complaining their child does not receive as much praise as the …

The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout, Seth Barrett Tillman

NULR Online

No abstract provided.

Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog

Articles

Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?

Jack Balkin's Rich Historicism And Diet Originalism: Health Benefits And Risks For The Constitutional System, Neil S. Siegel

Faculty Scholarship

In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitutional system as a whole and the perspective of the faithful participant in that system. First, he provides a systemic account of constitutional change, which he calls “living constitutionalism.” Second, he offers an individual approach to constitutional interpretation and construction, which he calls “framework originalism” or “the method of text and principle.” Reasoning from the systemic perspective, Balkin develops a compelling theory of the processes of constitutional change. Balkin may insufficiently appreciate, however, that public candor about — or even deep awareness of — …

Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz

Ledewitz Papers

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

March 29, 2013: The New Face Of Nihilism, Bruce Ledewitz

Hallowed Secularism

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

March 27, 2013: Happy Passover And Holy Week, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Passover and Holy Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Massad’s thesis is simple, in fact, perfect in its simplicity. Empire is a terrible force that wants to penetrate, overpower and hegemonize. It has a center, a headquarters if you like, the West. It functions with two arms: capitalism (later neoliberal) and Euro-American hegemony. The first arm represents the objective drive of capital that transforms sites and cultures as it spreads the market in the shape of commodity exchange. It has become a universal system, Massad contends, though with varying effects on the center (West) from the periphery (rest). Whereas its march on the former has been totally transformative, in …

March 23, 2013: At The Fsu Conference On Religion And Law In American History, Bruce Ledewitz

Hallowed Secularism

Blog post, “At the FSU Conference on Religion and Law in American History“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 13, 2013: Ronald Dworkin Seeks Common Ground For Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ronald Dworkin Seeks Common Ground for Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 10, 2013: The Executioner In Chief, Bruce Ledewitz

Hallowed Secularism

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

March 8, 2013: On Taking Ronald Dworkin Seriously, Bruce Ledewitz

Hallowed Secularism

Blog post, “On taking Ronald Dworkin Seriously“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 6, 2013: Charles Taylor’S Error, Bruce Ledewitz

Hallowed Secularism

Blog post, “Charles Taylor’s Error“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.