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Articles 91 - 120 of 176
Full-Text Articles in Law and Philosophy
April 8, 2015: Only Ten Years Stopping An Iranian Bomb, Bruce Ledewitz
April 8, 2015: Only Ten Years Stopping An Iranian Bomb, Bruce Ledewitz
Hallowed Secularism
Blog post, “Only Ten Years Stopping an Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 3, 2015: Making The Worst Of Religion, Bruce Ledewitz
April 3, 2015: Making The Worst Of Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Making the Worst of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Algorithmic Self, Frank A. Pasquale
April 1, 2015: What Can The Cross Mean?, Bruce Ledewitz
April 1, 2015: What Can The Cross Mean?, Bruce Ledewitz
Hallowed Secularism
Blog post, “ What Can the Cross Mean?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Legal Pluralism In Tort Law Theory: Balancing Instrumental Theories And Corrective Justice, Benjamin Shmueli
Legal Pluralism In Tort Law Theory: Balancing Instrumental Theories And Corrective Justice, Benjamin Shmueli
University of Michigan Journal of Law Reform
Unified-monistic theories of tort law focus on a single goal, usually corrective justice, distributive justice, or optimal deterrence. Unlike these approaches, mixedpluralistic theories attempt to balance between various goals of tort law by integrating several of the considerations underlying these different goals. These theories of legal pluralism reflect ideological diversity, in this case between different theories of the same legal system. This Article discusses the challenge of legal pluralism to settle the possible collision between different goals of tort law within the framework of tort law theory. Starting from a position of support for the mixed-pluralistic thesis, this Article first …
"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray
"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray
Maryland Law Review Online
No abstract provided.
Rank Among Equals, Ben A. Mcjunkin
Rank Among Equals, Ben A. Mcjunkin
Michigan Law Review
Dignity is on the march. Once regarded as a subject exclusively within the province of antiquated moral philosophy, dignity—that “shibboleth of all perplexed and empty-headed moralists”—has recently developed into a cornerstone of contemporary legal discourse. Internationally, the concept of human dignity has been central to the emergence and acceptance of universal human rights. Dignity, in some form, is guaranteed by such seminal documents as the Preamble to the Charter of the United Nations, the Universal Declaration of Human Rights, the German Basic Law, and the South African Constitution. Domestically, appeals to dignity undergird popular legal arguments for social and political …
March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz
March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Think about Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 25, 2015: Holding Back The Chinese Tide, Bruce Ledewitz
March 25, 2015: Holding Back The Chinese Tide, Bruce Ledewitz
Hallowed Secularism
Blog post, “Holding Back the Chinese Tide“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 21, 2015: The Problem For Post-Netanyahu American Judaism, Bruce Ledewitz
March 21, 2015: The Problem For Post-Netanyahu American Judaism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Problem for Post-Netanyahu American Judaism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 17, 2015: Sustainable Political Thinking, Bruce Ledewitz
March 17, 2015: Sustainable Political Thinking, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Sustainable Political Thinking“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 14, 2015: Would Prosperity Matter?, Bruce Ledewitz
March 14, 2015: Would Prosperity Matter?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Would Prosperity Matter?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 11, 2015: Well, Some Dare Call It Treason, Bruce Ledewitz
March 11, 2015: Well, Some Dare Call It Treason, Bruce Ledewitz
Hallowed Secularism
Blog post, “Well, Some Dare Call it Treason“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 7, 2015: Watching The Left Behind Movie, Bruce Ledewitz
March 7, 2015: Watching The Left Behind Movie, Bruce Ledewitz
Hallowed Secularism
Blog post, “Watching the Left Behind Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 4, 2015: The Foreign Leader Speaks, Bruce Ledewitz
March 4, 2015: The Foreign Leader Speaks, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Foreign Leader Speaks“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 1, 2015: Is There Something Wrong?, Bruce Ledewitz
March 1, 2015: Is There Something Wrong?, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Is There Something Wrong?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Nevada Law Journal
No abstract provided.
Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman
Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman
Nevada Law Journal
No abstract provided.
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Faculty Scholarship
Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …
February 24, 2015: Transformed Without God, Bruce Ledewitz
February 24, 2015: Transformed Without God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Transformed Without God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 20, 2015: Bad News From Ukraine, Bruce Ledewitz
February 20, 2015: Bad News From Ukraine, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bad News From Ukraine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Pepperdine Law Review
The article focuses on the concepts of religion in secular states such as Republic of Turkey. Topics discussed include distinction between secularism and religion, views of philosopher of liberalism John Locke on delegation of matters of faith to the Church and matters of public good to the state along with the relationship of modernization and secularism.
February 13, 2015: Why Does Isis Have Any Support?, Bruce Ledewitz
February 13, 2015: Why Does Isis Have Any Support?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Does ISIS Have Any Support?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 10, 2015: The Deep Cynicism Of The Political Parties On The Electoral College, Bruce Ledewitz
February 10, 2015: The Deep Cynicism Of The Political Parties On The Electoral College, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Deep Cynicism of the Political Parties on the Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 4, 2015: The Sanctions Crowd Want War With Iran, Bruce Ledewitz
February 4, 2015: The Sanctions Crowd Want War With Iran, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Sanctions Crowd Want War with Iran“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The End Of Jurisprudence, Scott Hershovitz
The End Of Jurisprudence, Scott Hershovitz
Articles
For more than forty years, jurisprudence has been dominated by the HartDworkin debate. The debate starts from the premise that our legal practices generate rights and obligations that are distinctively legal, and the question at issue is how the content of these rights and obligations is determined. Positivists say that their content is determined ultimately or exclusively by social facts. Anti-positivists say that moral facts must play a part in determining their content. In this Essay, I argue that the debate rests on a mistake. Our legal practices do not generate rights and obligations that are distinctively legal. At best, …
Realism About Judges, Richard A. Posner
Realism About Judges, Richard A. Posner
Northwestern University Law Review
No abstract provided.
January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz
January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Think About Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 28, 2015: Politics At The Water's Edge, Bruce Ledewitz
January 28, 2015: Politics At The Water's Edge, Bruce Ledewitz
Hallowed Secularism
Blog post, “Politics at the Water's Edge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz
January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Nihilism on Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.