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2016

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Articles 61 - 90 of 181

Full-Text Articles in Law and Philosophy

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand Jun 2016

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.


June 4, 2016: The Heart Of Hallowed Secularism, Bruce Ledewitz Jun 2016

June 4, 2016: The Heart Of Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

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


May 23, 2016: The Shining Hour Of Conservative Columnists, Bruce Ledewitz May 2016

May 23, 2016: The Shining Hour Of Conservative Columnists, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Shining Hour of Conservative Columnists“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 30, 2016: Anti-Zionism Or Anti-Semitism?, Bruce Ledewitz May 2016

May 30, 2016: Anti-Zionism Or Anti-Semitism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Anti-Zionism or Anti-Semitism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 17, 2016: How Can There Be A Compromise?, Bruce Ledewitz May 2016

May 17, 2016: How Can There Be A Compromise?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Can There Be a Compromise?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Causation, Counterfactuals And Probabilities In Philosophy And Legal Thinking, Florence G'Sell May 2016

Causation, Counterfactuals And Probabilities In Philosophy And Legal Thinking, Florence G'Sell

Chicago-Kent Law Review

Since the function of causation is to recount and explain observed phenomena in order to make a judgment on civil liability, promoting a purely legal conception of causation appears to be problematic. The purpose of this contribution is to show that the various theories of causation found in legal thinking are, in many respects, the extension of philosophical developments. Therefore, two points will be made. The first part of this paper will present the three main theories that are discussed by contemporary philosophers. The second part will show how philosophical accounts are present in legal thinking. This part will deal …


Causation In Hepatitis B. Vaccination Litigation In France: Breaking Through Scientific Uncertainty?, Jean-Sebastien Borghetti May 2016

Causation In Hepatitis B. Vaccination Litigation In France: Breaking Through Scientific Uncertainty?, Jean-Sebastien Borghetti

Chicago-Kent Law Review

Vaccination against hepatitis B has been available since 1982 and is strongly recommended by most health professionals. In France, the hepatitis B vaccine is very widespread, but it has come under suspicion that it can cause demyelinating diseases such as multiple sclerosis. Several epidemiological studies have been carried out to discover if there is indeed a connection between the hepatitis B vaccination and demyelinating diseases, but no such connection has been established so far. Many cases have nevertheless been brought before French courts, in which plaintiffs argue that they have developed a demyelinating disease due to the hepatitis B vaccination, …


Causation: Linguistic, Philosophical, Legal And Economic, Richard W. Wright, Ingeborg Puppe May 2016

Causation: Linguistic, Philosophical, Legal And Economic, Richard W. Wright, Ingeborg Puppe

Chicago-Kent Law Review

Causation plays an essential role in attributions of legal responsibility. How-ever, considerable confusion has been generated in philosophy, law and economics by the use of causal language to refer not merely to causation in its basic (actual/factual/natural) sense, which refers to the operation of the laws of nature, but also to the quite different normative issue of appropriate legal responsibility. To reduce such confusion, we argue that causal language in these disciplines should be used to refer solely to causation in its basic sense. While it is often said that the law need not and should not concern itself with …


May 10, 2016: The Beginning Of The End Of Religion As A Political Force, Bruce Ledewitz May 2016

May 10, 2016: The Beginning Of The End Of Religion As A Political Force, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Beginning of the End of Religion as a Political Force“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


What Is The Ethically Ideal Form Of Self-Defense Legislation? A Utilitarian Analysis, Jacqueline J. Jessop May 2016

What Is The Ethically Ideal Form Of Self-Defense Legislation? A Utilitarian Analysis, Jacqueline J. Jessop

Senior Honors Projects, 2010-2019

In this work I seek to determine which type of self-defense legislation best satisfies utilitarian ethical standards when implemented within an American democratic system, and should therefore be implemented throughout the United States. I begin by explaining and defending the form of utilitarianism employed in my analysis. I then clarify the three primary forms of legislation that have been proposed to govern circumstances of self-defense – Stand Your Ground laws, Castle Doctrine laws, and Duty to Retreat laws – after which I analyze each form of self-defense legislation according to utilitarian standards. I argue that while Stand Your Ground laws …


May 2, 2016: The Response By Professor Freeman, Bruce Ledewitz May 2016

May 2, 2016: The Response By Professor Freeman, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Response by Professor Freeman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And Social Teaching Of The Church, Rob Atkinson May 2016

Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And Social Teaching Of The Church, Rob Atkinson

Scholarly Publications

This Article seeks a common ground for theists of the Abrahamist religious faiths and agnostics in the Socratic philosophical tradition on the role that the liberal state should play in advancing the two coordinate aims of traditional philanthropy: helping society's least well off and advancing the highest forms of human excellence. It focuses particularly on Abrahamists who are orthodox Catholics and Socratics who are left-liberals, distinguishing their broad views on the liberal state's proper philanthropic role from the far narrower views of libertarians and other right-liberals. It concludes that adherents of Catholic Social Teaching and advocates of secular left-liberalism can …


"But I Know It When I See It": Natural Law And Formalism, William Hamilton Bryson May 2016

"But I Know It When I See It": Natural Law And Formalism, William Hamilton Bryson

Law Faculty Publications

Review of R. H. Helmholz's book, Natural Law In Court: A History of Legal Theory in Practice (2015); and David M. Rabban's book, Law's History: American Legal Thought and the Transatlantic Turn to History (2013).


Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson May 2016

Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson

University of Richmond Law Review

No abstract provided.


April 30, 2016: The Redemption Of American Public Life, Bruce Ledewitz Apr 2016

April 30, 2016: The Redemption Of American Public Life, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Redemption of American Public Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Teaching Of International Law, Myres S. Mcdougal Apr 2016

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


The Teaching Of International Law, Edward Mcwhinney Apr 2016

The Teaching Of International Law, Edward Mcwhinney

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Richard A. Falk Apr 2016

The Place Of Policy In International Law, Richard A. Falk

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Oscar Schachter Apr 2016

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


Introductory Statement, Rosalyn Higgins Apr 2016

Introductory Statement, Rosalyn Higgins

Georgia Journal of International & Comparative Law

No abstract provided.


Who Are You Calling Irrational?, Aneil Kovvali Apr 2016

Who Are You Calling Irrational?, Aneil Kovvali

Northwestern University Law Review

Nudges are interventions that encourage people to make particular choices by shaping the context in which the choices are made. These interventions can have major impacts because of quirks in the way that human beings process information. Cass Sunstein places nudges at the core of a regulatory philosophy of “libertarian paternalism,” which suggests that while the government should generally preserve the freedom of citizens to make their own choices, it should also intervene to improve on the choices it deems self-destructive. In Why Nudge?, Sunstein defends libertarian paternalism against John Stuart Mill’s Harm Principle, which holds that the government …


April 23, 2016: The Democrats Are Wrong About Money, Bruce Ledewitz Apr 2016

April 23, 2016: The Democrats Are Wrong About Money, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Democrats are Wrong About Money“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The United Nations And Collective Security: Some Normative And Empirical Considerations, Corey D. Schou Apr 2016

The United Nations And Collective Security: Some Normative And Empirical Considerations, Corey D. Schou

Georgia Journal of International & Comparative Law

No abstract provided.


Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba Apr 2016

Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba

Georgia Journal of International & Comparative Law

No abstract provided.


April 18, 2016: Ted Cruz On The Second Or Third Ballot, Bruce Ledewitz Apr 2016

April 18, 2016: Ted Cruz On The Second Or Third Ballot, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ted Cruz on the Second or Third Ballot“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 13, 2016: The Future Of Law School, Bruce Ledewitz Apr 2016

April 13, 2016: The Future Of Law School, Bruce Ledewitz

Hallowed Secularism

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


The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald Apr 2016

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.


International Law From A Functional Perspective, Michael Barkun Apr 2016

International Law From A Functional Perspective, Michael Barkun

Georgia Journal of International & Comparative Law

No abstract provided.