Law and Philosophy Commons^™

April 6, 2009: No Constitutional Right To Shoot Police Officers, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Constitutional Right to Shoot Police Officers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 2, 2009: The Secular Mind On The Huffington Post, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Secular Mind on the Huffington Post“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 16, 2009: Proposition 8 And The Threat Of, And To, Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “Proposition 8 and the Threat of, and to, Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 23, 2009: The Decline Of Islam, Bruce Ledewitz

Hallowed Secularism

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

The Resilience Of Law, Joseph Vining

Book Chapters

One of the striking developments in academic law in the past half century is the reconception of law as one of the social sciences. The idea at work in this movement, as Joseph Vining says in this essay, is not that the law should use the findings of other disciplines for its own purposes and in its own way, but that in some deep way law itself - legal thinking, legal life - can and ought to proceed on the premises of social science, indeed of science itself. This is in one sense obviously impossible: a scientific rule is a …

International Law: Practical Authority, Global Justice, John Linarelli

Scholarly Works

No abstract provided.

December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz

Hallowed Secularism

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

November 17, 2008: The Mormon Church And Proposition 8, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Mormon church and Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 8, 2008: Church-State Talk To Pittsburgh Aclu, Bruce Ledewitz

Hallowed Secularism

Blog post, “Church-State Talk to Pittsburgh ACLU“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 29, 2008: Anti-Religion, Progressive Religion And Religion, Bruce Ledewitz

Hallowed Secularism

Anti-Religion, Progressive Religion and Religion

January 6, 2008: The Need For Religion, Bruce Ledewitz

Hallowed Secularism

The Need for Religion

The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry

Faculty Articles

In the midst of the countless, grotesque inhumanities of the twentieth century, however, there is a heartening story, amply recounted elsewhere: the emergence, in international law, of the morality of human rights. The morality of human rights is not new; in one or another version, the morality is very old. But the emergence of morality in international law, in the period since the end of World War II, is a profoundly important development.

The twentieth century, therefore, was not only the dark and bloody time; the second half of the twentieth century was also the time in which a growing …

Mapping The Limits Of Skepticism In Law And Morals, Eric Blumenson

Suffolk University Law School Faculty Works

This article identifies the theoretical and practical limits of postmodern skepticism about objective, transcultural standards in law and morals.

Stanley Fish tells us that moral issues are intelligible only within the "paradigms or communities that give them their local and changeable shape." This is one formulation of antifoundationalism, which rejects the idea of a transcultural moral reality that binds all people. Antifoundationalists see value judgments as contingent cultural products that cannot be objectively true.

But can we do anything with this thesis in practice? Postmodern pragmatists like Richard Rorty and Joan Williams believe that we can; they say we would …

Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …