Law and Philosophy Commons^™

February 1, 2018: Where’S The Crime? Release The Memo, Bruce Ledewitz

Hallowed Secularism

Blog post, “Where’s the Crime? Release the Memo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Conditions Of Personhood And Property, Zachary James Acree

Dissertations, Theses, and Capstone Projects

This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes …

January 28, 2018: Two Stories Perfectly Illustrate Our Deadlock, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Stories Perfectly Illustrate Our Deadlock“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 23, 2018: Distrust On Climate News, Bruce Ledewitz

Hallowed Secularism

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

January 18, 2018: Shutting Down The Government, Bruce Ledewitz

Hallowed Secularism

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

January 14, 2018: What President Trump Is Accomplishing, Bruce Ledewitz

Hallowed Secularism

Blog post, "What President Trump is Accomplishing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 9, 2018: Dangerous Hypocrisy On The Right, Bruce Ledewitz

Hallowed Secularism

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

January 7, 2018: The Democrats: Stupid Again, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Democrats: Stupid Again" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 6, 2018: Greetings From San Diego, Bruce Ledewitz

Hallowed Secularism

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

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

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

Foreword: Shall These Bones Live? Resurrecting Truth In American Law And Public Discourse, Wilson Huhn

Duquesne Law Review

No abstract provided.

Finding The Truth, Louise Antony

Duquesne Law Review

No abstract provided.

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Duquesne Law Review

No abstract provided.

James Wilson, Necessary Truths, And The Foundations Of Law, Justin Buckley Dyer

Duquesne Law Review

No abstract provided.

Identifying "Truth" In American Public Discourse, Alina Ng Boyte

Duquesne Law Review

No abstract provided.

Truthfulness As An Ethical Form Of Life, W. Bradley Wendel

Duquesne Law Review

No abstract provided.

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

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

When I Left The Darwin Day Committee, Bruce Ledewitz

Ledewitz Papers

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

What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman

Duquesne Law Review

No abstract provided.

Lies, Deceit, And Bullshit In Law, Lawrence M. Solan

Duquesne Law Review

No abstract provided.

Paying Patients: Legal And Ethical Dimensions, Govind Persad

Sturm College of Law: Faculty Scholarship

This Article explores the implications for medical care of a debate that is more familiar in the law and ethics of human subjects research: whether people should be paid to receive or decline medical interventions, or to reach certain health objectives. It examines the legal and ethical issues such payments raise, and considers various actors who might make such payments, including governments, employers, insurers, care providers, and private parties. It argues for two interrelated conclusions: first, that these payments should not be subject to blanket normative condemnation, and, second, that payments made in different settings and contexts frequently share underlying …

The Many And The Few: Clash Of Values Or Reasonable Accommodation?, Marta Cartabia

American University International Law Review

No abstract provided.

Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore

Fordham Intellectual Property, Media and Entertainment Law Journal

In this article, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Adopting the institutions of copyright, patent, and trade secret is one way to avoid these sub-optimal results.

Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson

Undergraduate Honors Theses

Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the …

Utopian Thinking For Progressive Constitutionalists, Mark Tushnet

Indiana Law Journal

The opening pages of Rousseau’s Social Contract have two striking phrases. The more celebrated is, “[m]an was born free, and everywhere he is in chains.” That, though, is preceded by this: “I want to inquire whether, taking men as they are and laws as they can be made to be, it is possible to establish some just and reliable rule of administration in civil affairs.” I take this second sentence as my guide: Taking the textual Constitution as it is and with the interpreted Constitution as it could be, can there be a constitutionalism that progressives could wholeheartedly endorse?

I …

Spite: Legal And Social Implications, Jeffrey L. Harrison

UF Law Faculty Publications

Spite is not a simple concept. The same actions may be motivated by a desire to harm others as a source of the actor’s satisfaction. They may also be a reaction to a personal sense of injustice. Finally, spite-like actions are consistent with simply righting a wrong. This Article makes the case that spite, in its worst from, is comparable to theft. It is a taking of someone’s sense of well-being without consent. It also claims that the purchase of positional goods is ultimately spite driven. It canvasses tort law, contracts, tax law, trademark, and criminal law in an effort …

Two Directions Toward Ethical Peoplehood, Jonathan R. Cohen

UF Law Faculty Publications

From the biblical era through the present day, the conception of Israel as a people devoted to ethical ends has been a core Jewish value. But how is such a model to be implemented? This essay suggests two basic ways of thinking about ethical peoplehood, namely, that one can begin with a people and try to transform it into an ethical people ("from tribe to ethics") or that one can begin with ethical norms and through those norms attempt to build a people ("from ethics to tribe"). Part I of this essay begins by sketching these two modalities in Jewish …

Lawyers Serving Gods, Visible And Invisible, Jonathan R. Cohen

UF Law Faculty Publications

A critique of the American legal profession can be framed through the metaphor of idolatry, specifically the proclivity of lawyers to serve visible rather than invisible interests in their work. This proclivity has ramifications ranging from broad matters like lawyers' responses to deeply embedded social injustices to specific matters such as the excessive focus on pecuniary interests in ordinary legal representation and the high level of dissatisfaction that many lawyers experience in their careers. Using as a lens biblical teaching concerning idolatry, this article begins by describing "visible" as opposed to "invisible" interests in the context of legal practice. It …

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

Articles

No abstract provided.

The Debate That Never Should Have Been: Dworkin, Hart, And The Analytical Project, Allan C. Hutchinson

Articles & Book Chapters

As with most other things, the fortunes of jurisprudence ebb and flow. After an extended period of scholarly dominance, the past few years have witnessed a relative decline in its significance and prominence. This is no bad thing because jurisprudence has been trapped in an increasingly narrow debate characterized by its esoteric confines and analytical ambitions-what is the nature of law? There appeared to be a brief moment when other more expansive and less restrictive options for disciplinary development seemed possible. However, any reports of the demise of analytical jurisprudence now seem premature: the posthumous publication of a dated essay …