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Articles 1711 - 1733 of 1733
Full-Text Articles in Law and Philosophy
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Philosophy And The Constitution, Donald H. Regan
Philosophy And The Constitution, Donald H. Regan
Book Chapters
The Constitution is one of the great achievements of political philosophy; and it may be the only political achievement of philosophy in our society. The Framers of the Constitution and the leading participants in the debates on ratification shared a culture more thoroughly than did any later American political elite. They shared a knowledge (often distorted, but shared nevertheless) of ancient philosophy and history, of English common law, of recent English political theory, and of the European Enlightenment.They were the American branch of the Enlightenment,and salient among their membership credentials was their belief that reasoned thought about politics could guide …
Duties Of Preservation, Donald H. Regan
Duties Of Preservation, Donald H. Regan
Book Chapters
The central philosophical problem concerning our duties with regard to nature is this: We are strongly inclined to think we have certain duties which are not fully accounted for by instrumental arguments. We are also strongly inclined to hold a view about value that seems to make it impossible to account for these duties by any noninstrumental arguments. Hence our perplexity. It seems that we have duties to respect living creatures; to avoid causing the extinction of species; even to preserve complex parts of the environment s uch as a tropical rain forest or the Grand Canyon. If we ask …
Law's Halo, Donald H. Regan
Law's Halo, Donald H. Regan
Articles
Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to …
Con Law Limit Is Eroding, Bruce Ledewitz
Con Law Limit Is Eroding, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Economic Review Is Up To The States, Bruce Ledewitz
Economic Review Is Up To The States, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Confession Law Isn't Necessary, Bruce Ledewitz
Confession Law Isn't Necessary, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz
The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz
Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
On Preferences And Promises: A Response To Harsanyi, Donald H. Regan
On Preferences And Promises: A Response To Harsanyi, Donald H. Regan
Articles
John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I could …
Who Did In The Democrats?, Bruce Ledewitz
Who Did In The Democrats?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz
An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Where Lies Prophecy?, Bruce Ledewitz
Where Lies Prophecy?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Suicide And The Failure Of Modern Moral Theory, Donald H. Regan
Suicide And The Failure Of Modern Moral Theory, Donald H. Regan
Articles
The question I want to address is when and why suicide is morally wrong. There is something peculiar in my writing on this question at all. It will soon become apparent that although I think suicide involves genuine moral issues. I also think that the moral problem of suicide is a problem which most people answer correctly. That is, I think that in the vast majority of cases where people ought not to commit suicide, they do not. They are not even tempted. Conversely, most people who do commit suicide, or who want to, are either justified or at least …
Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz
Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Book Review, Bruce Ledewitz
Book Review, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz
The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Michigan Law Review
Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …
German Legal Philosophy, John M. Zane
German Legal Philosophy, John M. Zane
Michigan Law Review
Annexed as an appendix to the translation of Kohler's Philosophy of Law is an appreciation of the work by Adolf Lasson, 1 who complains that he himself once wrote a philosophy of law which has sunk into oblivion, probably for the reason, as he modestly suggests, that he knew so much of systematic philosophy that he had no time to acquire any "special scientific learning either in the law or any other special department of knowledge."2 This complaint is a confession, child-like and amusing in its vanity, which could be dismissed without comment, were it not something that is wholly …
New Law Of Nations, Joseph Kohler
New Law Of Nations, Joseph Kohler
Michigan Law Review
If the article upon the New Law of Nations had been written by an obscure man for a sensational periodical, it would not have been worthy of serious consideration. It appeared in September, 1915, however, in the ZEITSCHRIFT FUR V6LKERRECHT, generally reputed to be the leading periodical devoted to international law, published in the German language. Its author, Dr. JOsEF Ko.HLER, is generally conceded to be the most distinguished living German jurist. His PHILOSOPHY OF LAW was deemed worthy of translation into English and appeared as Volume 12 of the Modern Legal Philosophy Series.' Dean Roscog POUND has referred.to him …
Jurisprudence: A Formal Science, Joseph H. Drake
Jurisprudence: A Formal Science, Joseph H. Drake
Articles
Holland defines jurisprudence as "the formal science of positive law". The meaning of science is plain enough. A good many pages are devoted to the elucidation of the words "positive" and "law," but the term "formal" he explains only by analogy. As there is a formal science of grammar to which belongs, for example, the concept of possession, which has its material manifestation in Latin grammar in a genetive termination and in English grammar in the preposition "of," so there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal …