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2017

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Articles 61 - 90 of 166

Full-Text Articles in Law and Philosophy

Manifesto Of Democratic Criminal Justice, Joshua Kleinfeld Aug 2017

Manifesto Of Democratic Criminal Justice, Joshua Kleinfeld

Northwestern University Law Review

It is widely recognized that the American criminal system is in a state of crisis, but views about what has gone wrong and how it could be set right can seem chaotically divergent. This Essay argues that, within the welter of diverse views, one foundational, enormously important, and yet largely unrecognized line of disagreement can be seen. On one side are those who think the root of the present crisis is the outsized influence of a vengeful, poorly informed, or otherwise wrongheaded American public and the primary solution is to place control over the criminal system in the hands of …


The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund Aug 2017

The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund

Arbitration Law Review (2009 - Present)

No abstract provided.


July 31, 2017: On Liberal Arrogance, Bruce Ledewitz Jul 2017

July 31, 2017: On Liberal Arrogance, Bruce Ledewitz

Hallowed Secularism

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


July 25, 2017: A Scandal At The Boy Scout Jamboree, Bruce Ledewitz Jul 2017

July 25, 2017: A Scandal At The Boy Scout Jamboree, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Scandal at the Boy Scout Jamboree“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz Jul 2017

Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz

Ledewitz Papers

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


July 23, 2017: Sunday Op-Ed In The Post-Gazette, Bruce Ledewitz Jul 2017

July 23, 2017: Sunday Op-Ed In The Post-Gazette, Bruce Ledewitz

Hallowed Secularism

Blog post, “Sunday op-ed in the Post-Gazette“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 20, 2017: Are Trump Supporters Moral Heroes On Healthcare?, Bruce Ledewitz Jul 2017

July 20, 2017: Are Trump Supporters Moral Heroes On Healthcare?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Trump Supporters Moral Heroes on Healthcare?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 15, 2017: More Russia, Bruce Ledewitz Jul 2017

July 15, 2017: More Russia, Bruce Ledewitz

Hallowed Secularism

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


‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz Jul 2017

‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz

Ledewitz Papers

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


July 7, 2017: Philadelphia Inquirer Op-Ed, Bruce Ledewitz Jul 2017

July 7, 2017: Philadelphia Inquirer Op-Ed, Bruce Ledewitz

Hallowed Secularism

Blog post, “Philadelphia Inquirer Op-ed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 7, 2017: My Response To Randy Barnett, Bruce Ledewitz Jul 2017

July 7, 2017: My Response To Randy Barnett, Bruce Ledewitz

Hallowed Secularism

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


July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz Jul 2017

July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Trinity Lutheran Church Case Shows There is no Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins Jul 2017

It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel Jul 2017

Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel

Georgetown Law Faculty Publications and Other Works

The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, …


June 24, 2017: Three Religion Stories Demonstrate The Importance And Difficulty Of Reaching Healthy Religion, Bruce Ledewitz Jun 2017

June 24, 2017: Three Religion Stories Demonstrate The Importance And Difficulty Of Reaching Healthy Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Three Religion Stories Demonstrate the Importance and Difficulty of Reaching Healthy Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 17, 2017: You Cannot Care Only About The Freedom Of Cubans, Bruce Ledewitz Jun 2017

June 17, 2017: You Cannot Care Only About The Freedom Of Cubans, Bruce Ledewitz

Hallowed Secularism

Blog post, “You Cannot Care Only About the Freedom of Cubans“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 15, 2017: But If Trump Is Hitler And The Republicans Are The Nazi Party, Why Not Open Fire?, Bruce Ledewitz Jun 2017

June 15, 2017: But If Trump Is Hitler And The Republicans Are The Nazi Party, Why Not Open Fire?, Bruce Ledewitz

Hallowed Secularism

Blog post, “But if Trump is Hitler and the Republicans Are the Nazi Party, Why Not Open Fire?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 12, 2017: Donald Trump Got Elected, Remember?, Bruce Ledewitz Jun 2017

June 12, 2017: Donald Trump Got Elected, Remember?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Donald Trump Got Elected, Remember?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 7, 2017: The Play An Act Of God Cannot Decide What It Wants To Be, Bruce Ledewitz Jun 2017

June 7, 2017: The Play An Act Of God Cannot Decide What It Wants To Be, Bruce Ledewitz

Hallowed Secularism

Blog post, “The play An Act of God Cannot Decide What It Wants to Be“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 1, 2017: Exiting The Paris Accord, Bruce Ledewitz Jun 2017

June 1, 2017: Exiting The Paris Accord, Bruce Ledewitz

Hallowed Secularism

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


Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst Jun 2017

Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst

Maryland Law Review

No abstract provided.


The Problems With Moral Subjectivism, Seow Hon Tan Jun 2017

The Problems With Moral Subjectivism, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Moral dialogue for moral subjectivists is gravely limited. As soon as moral subjectivists hold another person to any moral standard independent of the person’s belief, they must give up their moral subjectivism. Some moral subjectivists might turn out to be moral realists who accord primacy to autonomy. This, however, is a senseless position that renders all persons equally worthless, unless such moral realists concede that norms that limit autonomy exist. But if so, they are not different from any other moral realists after all.


The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium, Jason Leslie Jun 2017

The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium, Jason Leslie

Osgoode Hall Law Journal

This paper analyzes the evolving law of condominium from the perspective of the moral philosophy of property, focusing in particular on neo-Aristotelian value or pluralist ethics. By combining aspects of traditional property law, corporate law, and municipal politics, condominium provides a flexible tool for ownership and private land use planning. Condominium, however, also poses novel and unique challenges to both legal doctrine and the very meaning of private property. After describing and comparing the pluralist approach to moral philosophy of property and the approach of its main rivals—deontology and utilitarianism—the paper describes how condominium is understood by each approach and …


May 27, 2017: Getting Tired Of The Russia Thing, Bruce Ledewitz May 2017

May 27, 2017: Getting Tired Of The Russia Thing, Bruce Ledewitz

Hallowed Secularism

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


Revolutionary Disobedience, Philip K. Y. Lau May 2017

Revolutionary Disobedience, Philip K. Y. Lau

Barry Law Review

Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …


May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz May 2017

May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz

Hallowed Secularism

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


May 16, 2017: When All The Churches Are Gone, Bruce Ledewitz May 2017

May 16, 2017: When All The Churches Are Gone, Bruce Ledewitz

Hallowed Secularism

Blog post, “When All the Churches are Gone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 9, 2017: What Can Democracy Do?, Bruce Ledewitz May 2017

May 9, 2017: What Can Democracy Do?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Can Democracy Do?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 3, 2017: What Threat From Ai, Bruce Ledewitz May 2017

May 3, 2017: What Threat From Ai, Bruce Ledewitz

Hallowed Secularism

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