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Articles 1711 - 1740 of 3944

Full-Text Articles in Law and Philosophy

Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian Mccall Jan 2016

Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian Mccall

Faculty Articles

Throughout history, some have questioned whether the authority exercised by some over others is consistent with human nature. Is it possible for a law made by one human being to bind the conscience of another, or is such a claim merely tyranny? If such a power to bind to laws made by humans is justified, what is its scope? The answers to these related questions explored in this Article are both descriptive and normative. This Article explains the nature of authority and the extent of the obligation to obey the law as well as explains how the architecture of natural …


The Guise Of The Bad, Joseph Raz Jan 2016

The Guise Of The Bad, Joseph Raz

Faculty Scholarship

My topic is the possibility of acting in the belief that the action is bad and for the reason that it is, as the agent believes, bad. On route, I examine another question – namely whether agents can, without having any relevant false beliefs, perform actions motivated by the badness of those actions. The main worry is the compatibility of action for the sake of the bad with the thesis of the Guise of the Good (roughly that actions undertaken with an intention to perform them are undertaken because they are, as the agents see things, good in some respects). …


Ross Douthat’S Critique Of Modernity, Bruce Ledewitz Dec 2015

Ross Douthat’S Critique Of Modernity, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ross Douthat’s Critique of Modernity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 25, 2015: Merry Christmas 2015, Bruce Ledewitz Dec 2015

December 25, 2015: Merry Christmas 2015, Bruce Ledewitz

Hallowed Secularism

Blog post, “Merry Christmas 2015“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 17, 2015: Underlying Consensus?, Bruce Ledewitz Dec 2015

December 17, 2015: Underlying Consensus?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Underlying Consensus?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 9, 2015: The Spirit Of Doom, Bruce Ledewitz Dec 2015

December 9, 2015: The Spirit Of Doom, Bruce Ledewitz

Hallowed Secularism

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


December 5, 2015: Islamic Terrorism, Christian Terrorism And Jewish Terrorism, Bruce Ledewitz Dec 2015

December 5, 2015: Islamic Terrorism, Christian Terrorism And Jewish Terrorism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Islamic Terrorism, Christian Terrorism and Jewish Terrorism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 1, 2015: What Really Fuels Isis?, Bruce Ledewitz Dec 2015

December 1, 2015: What Really Fuels Isis?, Bruce Ledewitz

Hallowed Secularism

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


The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim Dec 2015

The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim

Maryland Law Review

The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …


Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu Dec 2015

Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu

Maryland Law Review

No abstract provided.


Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer Dec 2015

Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer

Maryland Law Review

No abstract provided.


A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown Dec 2015

A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown

Maryland Law Review

No abstract provided.


Legal Epistemologies, Howard Schweber Dec 2015

Legal Epistemologies, Howard Schweber

Maryland Law Review

No abstract provided.


November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz Nov 2015

November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Guess Trump Really Could Win the Republican Nomination“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 22, 2015: Reason Is Not An Alternative To Religion, Bruce Ledewitz Nov 2015

November 22, 2015: Reason Is Not An Alternative To Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Reason is Not an Alternative to Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 19, 2015: How To Defeat Isis, Bruce Ledewitz Nov 2015

November 19, 2015: How To Defeat Isis, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Defeat ISIS“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 15, 2015: None, Bruce Ledewitz Nov 2015

November 15, 2015: None, Bruce Ledewitz

Hallowed Secularism

Blog post, “None“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 13, 2015: Heidegger’S Judeo-Christian, Bruce Ledewitz Nov 2015

November 13, 2015: Heidegger’S Judeo-Christian, Bruce Ledewitz

Hallowed Secularism

Blog post, “Heidegger’s Judeo-Christian“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz Nov 2015

November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Wrong with Whites?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, Bruce Ledewitz Nov 2015

November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, Bruce Ledewitz

Hallowed Secularism

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


October 29, 2015: So, It's Not Going To Be Trump (Or Carson), Bruce Ledewitz Oct 2015

October 29, 2015: So, It's Not Going To Be Trump (Or Carson), Bruce Ledewitz

Hallowed Secularism

Blog post, “So, It's Not Going to be Trump (or Carson)“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 23, 2015: Heidegger And The Last God, Bruce Ledewitz Oct 2015

October 23, 2015: Heidegger And The Last God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Heidegger and the Last God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 15, 2015: The Difficulty Of Reining In Money, Bruce Ledewitz Oct 2015

October 15, 2015: The Difficulty Of Reining In Money, Bruce Ledewitz

Hallowed Secularism

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


October 11, 2015: Liberals Fooling Themselves About Political Money, Bruce Ledewitz Oct 2015

October 11, 2015: Liberals Fooling Themselves About Political Money, Bruce Ledewitz

Hallowed Secularism

Blog post, “Liberals Fooling Themselves About Political Money“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 7, 2015: The Pretty Small University, Bruce Ledewitz Oct 2015

October 7, 2015: The Pretty Small University, Bruce Ledewitz

Hallowed Secularism

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


October 3, 2015: Is Litigation The Way To Stop Global Warming?, Bruce Ledewitz Oct 2015

October 3, 2015: Is Litigation The Way To Stop Global Warming?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Litigation the Way to Stop Global Warming?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger Oct 2015

Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger

The Journal of Appellate Practice and Process

No abstract provided.


Wrongs, Rights, And Third Parties, Nicholas Cornell Oct 2015

Wrongs, Rights, And Third Parties, Nicholas Cornell

Articles

In philosophical and legal arguments, it is commonly assumed that a person is wronged only if that person has had a right violated. This assumption is often viewed almost as a necessary conceptual truth: to be wronged is to have one's right violated, and to have a right is to be one who stands to be wronged. I will argue that this assumption is incorrect—that having a right and standing to be wronged are distinct and separable moral phenomena.

My argument begins from cases in which third parties are affected by the violation of someone else's rights. I will introduce …


September 30, 2015: Did Pope Francis Do His Job?, Bruce Ledewitz Sep 2015

September 30, 2015: Did Pope Francis Do His Job?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Did Pope Francis Do His Job?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 25, 2015: Pope Francis Visits, Bruce Ledewitz Sep 2015

September 25, 2015: Pope Francis Visits, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pope Francis Visits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.