Law and Philosophy Commons^™

Does Hard Incompatibilism Really Abolish ‘Right’ And ‘Wrong’? Some Thoughts In Response To Larry Alexander, John A. Humbach Mr.

Elisabeth Haub School of Law Faculty Publications

In a challenge to recent writings of Derk Pereboom and Gregg Caruso,3 Larry Alexander makes the following claim: If one accepts the Pereboom-Caruso “hard incompatibilist” view of choice, which regards blame and retributive punishment as morally unjustified because free will is an illusion, then “normativity completely disappears.” In making this claim, Professor Alexander appears to hold that the moral distinction between right and wrong conduct (“normativity”) cannot effectively exist unless those who do wrong “deserve” to receive blame and punishment in response to their misbehavior. This is not, however, necessarily so.

March 10, 2017: Greetings From The Nootbaar Conference, Bruce Ledewitz

Hallowed Secularism

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

March 5, 2017: Policies For The Year 2100, Bruce Ledewitz

Hallowed Secularism

Blog post, “Policies for the Year 2100“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Hegelian Dialectical Analysis Of U.S. Voting Laws, Charles Edward Andrew Lincoln Iv

Student Scholarship

This Comment uses the dialectical paradigm of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) to analyze the progression of United States voting laws since the colonial foundations of a participatory democratic process in this country. This analysis can be used to interpret past progression of voting rights in the United States as well as a provoking way to predict future trends in United States voting rights - as an ongoing "progressive" political process or rhetorical method of erasing categories or classifications and eliminating distinctions amongst persons.

February 26, 2017: What’S The Worst Thing President Trump Is Doing?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What’s the Worst Thing President Trump is Doing?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 22, 2017: Harry Jaffa, No Trump Supporter, Bruce Ledewitz

Hallowed Secularism

Blog post, “Harry Jaffa, No Trump Supporter“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 18, 2017: What The Rule Of Law Looks Like, Bruce Ledewitz

Hallowed Secularism

Blog post, “What the Rule of Law Looks Like“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 12, 2017: The Ninth Circuit Decision, Bruce Ledewitz

Hallowed Secularism

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

February 6, 2017: When Did The Lying Start?, Bruce Ledewitz

Hallowed Secularism

Blog post, “When Did the Lying Start?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 1, 2017: First They Banned The Muslims, Bruce Ledewitz

Hallowed Secularism

Blog post, “First They Banned the Muslims“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 27, 2017: Now The Markets Will Fall, Bruce Ledewitz

Hallowed Secularism

Blog post, “Now the Markets Will Fall“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 22, 2017: Deadpool Is Awesome, Bruce Ledewitz

Hallowed Secularism

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

January 20, 2017: Welcome, President Trump, Bruce Ledewitz

Hallowed Secularism

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

Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Travis A. Taniguchu, Christopher Salvatore

Department of Justice Studies Faculty Scholarship and Creative Works

The primary goal of the current study is to examine a portion of Klinger’s theory. Specifically, we test the influence of organizational and environmental contextual factors, guided by Klinger’s theory, on one measure of officer vigor. To date, few studies have taken this approach to examine Klinger’s theory. The study builds on prior research that has tested aspects of Klinger’s theory and adds new analytic strategies that prior studies have not used. The results of this study have implications for both theory and practice, and they add to the growing literature examining the influence of ecological and organization factors on …

January 16, 2017: President Obama’S Accomplishments, Bruce Ledewitz

Hallowed Secularism

Blog post, “President Obama’s Accomplishments“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 13, 2017: "The Way It Is Nowadays, Unless I See Positive Proof, It's All A Lie", Bruce Ledewitz

Hallowed Secularism

Blog post, "The way it is nowadays, unless I see positive proof, it's all a lie" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 10, 2017: The Public Trust Litigation, Bruce Ledewitz

Hallowed Secularism

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

January 5, 2017: Why Law Matters, The Presidential Transition, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Law Matters, the presidential transition“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 4, 2017: Is Secularism A Nonnegotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Secularism A Nonnegotiable Aspect of Liberal Constitutionalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Democracy, Law, Compliance, Don Herzog

Articles

Professors Schauer and McAdams both seek a more or less sweepingly general theory of why we obey the law. But we should split, not lump. There are different reasons different actors in different social settings obey different laws–not only, but not least, out of regard for democratic decision making.

Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz

Ledewitz Papers

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

Emigres: Lost In A Sea Of Ignorance, Ronald C. Griffin

Faculty Books and Book Contributions

In EMIGRES: Lost in a Sea of Ignorance, Prof. Griffin states that austerity grips western nations, where governments spend paltry sums on welfare, refugees, and migrants. In his essay, Griffin parses a trove of knowledge about welfare and what's being done for needy people. There is a recounting of an Irish case, a report on spectacles in the US, and a narrative about the troubles in Europe stirred-up by Syrian refugees.

Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin

Faculty Scholarship

No abstract provided.

On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller

Scholarly Articles

Pierre Legrand's return to the pages of the American Journal of Comparative Law after nearly twenty years is cause for reflection on the reasons for this prolific comparatist's absence from one of the discipline's leading scholarly fora. One reason is the widespread disdain aimed at Legrand as a result of his persistent, sharply critical, and often pointedly personal crusade against the discipline's accepted approaches and their most prominent practitioners. This is partly the nature of the article he publishes in this collection, which features a no-holds-bared, uncomplimentary assessment of the work of James Gordley. In this Article I argue that …

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Ledewitz Papers

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

Tracking Hate Speech Acts As Incitement To Genocide In International Criminal Law, Shannon Fyfe

Scholarly Articles

In this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators in this area of international criminal law, the trial of media executives for the roles they played in the Rwandan genocide through public speech acts …

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Ledewitz Papers

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

Relational Criminal Liability, Steven R. Morrison

Florida State University Law Review

“Relational criminal liability,” or one person’s criminal liability for the actions of another by way of a group of which both individuals are a part, generates a fundamental tension between collectivist and individualist approaches to liability. The collectivist approach, which reifies the group qua group, enables individuals to be liable for the acts of the group and the group to be liable for the acts of individuals. The individualist approach treats ind-viduals qua individuals, holding them liable only for their own conduct.

This tension sounds both in moral philosophy and legal theory. As to philosophy, Michael Bratman, Margaret Gilbert, and …

Jack, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases, Eric R. Carpenter

Faculty Publications

Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the institutions that process these cases, then those institutions may process these cases in ways that favor the man. In 2010, Dan Kahan published Culture, Cognition, and Consent, a study on how people evaluate a dorm room rape scenario. He found that those who endorsed a stratified, hierarchical social order were more likely to find that the man should not be found guilty of …