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Articles 1621 - 1650 of 1733

Full-Text Articles in Law and Philosophy

How To Be A Moorean, Donald H. Regan Jan 2003

How To Be A Moorean, Donald H. Regan

Articles

G. E. Moore’s position in the moral philosophy canon is paradoxical. On the one hand, he is widely regarded as the most influential moral philosopher of the twentieth century. On the other hand, his most characteristic doctrines are now more often ridiculed than defended or even discussed seriously. I shall discuss briefly a number of Moorean topics—the nonnaturalness of “good,” the open question argument, the relation of the right and the good, whether fundamental value is intrinsic, and the role of beauty—hoping to explain how a philosophically informed person could actually be a Moorean even today.1


Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff Jan 2003

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

Publications

No abstract provided.


Winking At Jubelirer’S Maneuvers, Bruce Ledewitz Oct 2002

Winking At Jubelirer’S Maneuvers, Bruce Ledewitz

Ledewitz Papers

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


Jubelirer’S Jubilee, Bruce Ledewitz Jan 2002

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

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


The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz Jan 2002

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

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


The Value Of Rational Nature, Donald H. Regan Jan 2002

The Value Of Rational Nature, Donald H. Regan

Articles

Kant tells us in the Groundwork of the Metaphysics of Morals that rational nature is an end in itself; that it is the only thing which is unconditionally valuable; and that it is the ultimate condition of all value.1 A striking trend in recent Kant scholarship is to regard these value claims, rather than the formalism of universalizability, as the ultimate foundation of Kant’s theory.2 But does rational nature as Kant conceives it deserve such veneration? Can it really carry the world of value on its shoulders? I think not. As will become clear, I do not doubt the value …


Mr. Carroll’S Mental State Or What Is Meant By Intent, Bruce Ledewitz Jan 2001

Mr. Carroll’S Mental State Or What Is Meant By Intent, Bruce Ledewitz

Ledewitz Papers

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


Linking The Visions, Donald H. Regan Jan 2000

Linking The Visions, Donald H. Regan

Articles

In my case, which may be unusual, the importance of my non-law training and commitments is not in specific contributions they make to my work in law. Rather, it is in their contributions to my being me.


Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog Jan 2000

Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog

Reviews

In this elegantly written, provocative, and sometimes just plain provoking book, punctuated by bits of anguish and rather more pique, Richard Ellis worries that the American Left has been so passionate about equality that it has run roughshod over liberty. So put, the thesis is not exactly news. It has been the recurrent lament of conservative indictments- Tocqueville's is the canonical statement, but he has plenty of precursors and followers. And it has its scholarly variations, too, such as Arthur Lipow, Authoritarian Socialism in America: Edward Bellamy and the Nationalist Movement (1982). No profound surprises are on offer here.


When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz Jan 1999

When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz

Ledewitz Papers

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


Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz Dec 1998

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz

Ledewitz Papers

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


Imperfect Death Penalty Not Acceptable, Bruce Ledewitz Aug 1998

Imperfect Death Penalty Not Acceptable, Bruce Ledewitz

Ledewitz Papers

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


Constitutionalizing Kwik-E-Mart, Bruce Ledewitz Jun 1998

Constitutionalizing Kwik-E-Mart, Bruce Ledewitz

Ledewitz Papers

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


Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz Jan 1998

Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz

Ledewitz Papers

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


The Law Of The Jubilee In Modern Perspective, Bruce Ledewitz Jan 1997

The Law Of The Jubilee In Modern Perspective, Bruce Ledewitz

Ledewitz Papers

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


Law And The Coming Environmental Catastrophe, Bruce Ledewitz Jan 1997

Law And The Coming Environmental Catastrophe, Bruce Ledewitz

Ledewitz Papers

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


Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog Jan 1997

Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog

Reviews

In the 1960s, Quentin Skinner wrote a series of polemical if terse papers arguing that the conventional approach to the history of political theory was confused. Using Hobbes as something of a vehicle for his position, Skinner enunciated what is now well known as the "Cambridge" approach to political theory. He urged that we situate authors in their intellectual contexts so that we can isolate what is distinctive, perhaps subversive, in their use of language: only then, he argued, can we have any valid historical understanding on what they are doing in writing these weird books in the first place. …


The Environment: Private Or Common Property?, Zev Trachtenberg Jan 1997

The Environment: Private Or Common Property?, Zev Trachtenberg

Oklahoma Law Review

No abstract provided.


Law As The Continuation Of God By Other Means, Pierre Schlag Jan 1997

Law As The Continuation Of God By Other Means, Pierre Schlag

Publications

No abstract provided.


Review Of On Voluntary Servitude: False Consciousness And The Theory Of Ideology, Donald J. Herzog Jan 1997

Review Of On Voluntary Servitude: False Consciousness And The Theory Of Ideology, Donald J. Herzog

Reviews

Michael Rosen brings intoxicating erudition and an elegant if elusive prose style to crack—or pulverize—one of the most venerable chestnuts of social theory, the theory of ideology. For Rosen, the two central elements of that theory are (1) that societies are self-maintaining systems and (2) that they produce false consciousness in their members precisely because it helps to maintain society. And for Rosen, the theory is, well, a spectacular mess. Despite the efforts of such analytical Marxists as G. A. Cohen, he urges, no such view can be reconstructed in ways that begin to comport with our ordinary standards for …


Courting Disrespect, Bruce Ledewitz Aug 1996

Courting Disrespect, Bruce Ledewitz

Ledewitz Papers

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


Searching For Positivism, Philip Soper May 1996

Searching For Positivism, Philip Soper

Michigan Law Review

A Review of W.J. Waluchow, Inclusive Legal Positivism


Asimov Goes To Law School, Bruce Ledewitz Jan 1996

Asimov Goes To Law School, Bruce Ledewitz

Ledewitz Papers

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


The First Stone Of The Death Penalty, Bruce Ledewitz Oct 1995

The First Stone Of The Death Penalty, Bruce Ledewitz

Ledewitz Papers

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


Cruelly Unusual, Bruce Ledewitz Jan 1995

Cruelly Unusual, Bruce Ledewitz

Ledewitz Papers

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


Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz Jan 1995

Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz

Ledewitz Papers

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


Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz Jan 1995

Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

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


A Fond Farewell, Bruce Ledewitz Jan 1995

A Fond Farewell, Bruce Ledewitz

Ledewitz Papers

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


Perspectives On The Law Of The American Sit-In, Bruce Ledewitz Jan 1995

Perspectives On The Law Of The American Sit-In, Bruce Ledewitz

Ledewitz Papers

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


Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog Jan 1995

Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog

Reviews

The flood of literature sometimes derisively referred to as the Rawls/Nozick industry shows no signs of slowing. David Johnston enters the lists to champion an unabashedly cosmopolitan view-humanist liberalism-that focuses on promoting human agency for any and all people in any and all societies. He concedes that he has in place only a rudimentary sketch.