Law and Philosophy Commons^™

July 4, 2015: Can God Do A New Thing?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Can God Do a New Thing?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Franz Kafka’S “Before The Law”: A Parable, Geoffrey L. Brackett

Pace Law Review

Despite Francis Bacon’s cautionary note, I have always been a fan of parables, and perhaps the most poignant one to speak for perils of the legal profession is Franz Kafka’s “Vor dem Gesetz” (“Before the Law”), one of the relatively few works to be published in his lifetime. It was seen first in the almanac Vom Jüngsten Tag: Ein Almanach Neuer Dichtung in December 1915 before it was included in his novel Der Prozess (The Trial), which was unpublished in his lifetime. He wrote it at one sitting on December 13, 1914, and in fewer than 650 words, Kafka illustrates …

The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale

Faculty Scholarship

There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” (IoT): sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social …

July 1, 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.

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith

Faculty Publications

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …

June 27, 2015: The Supreme Court's Week, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Supreme Court's Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Four Models Of Jury Democracy, Jeffrey Abramson

Chicago-Kent Law Review

This article proposes a theory of “representative deliberation” to describe the democratic ideal that jurors seek to practice. Given its long history, the jury does not fit neatly into any one of the most familiar types of democracy, such as direct democracy, representative democracy, or deliberative democracy. However, the jury does hold together elements of all of these theories. In line with direct democracy, we select jurors from the people-at-large. In line with representative democracy, we seek to draw jurors from a representative cross-section of the community. In line with deliberative democracy, jurors talk as well as vote and seek …

June 20, 2015: The Democrats Are Wrong On Trade, Bruce Ledewitz

Hallowed Secularism

Blog post, “ The Democrats Are Wrong on Trade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 18, 2015: The End Of Rawls, Bruce Ledewitz

Hallowed Secularism

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

June 16, 2015: Secularization In Greece And Turkey, Bruce Ledewitz

Hallowed Secularism

Blog post, “Secularization in Greece and Turkey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Nature’S Law: The Evolutionary Origin Of Property Rights, Kathryn Loncarich

Pace Law Review

This article contributes to the outline of the origin of property rights set forth by Professor Krier, by more fully analyzing the role of evolutionary biology in the development of property rights. This article focuses on the pre-political formation of property ownership and the initial formation of concepts of property and ownership. Expanding on Krier’s analysis, this article considers the implications of this evolutionary foundation on our modern property regime, particularly given the growing chasm between the wealthy on one side and the poor and middle-class on the other.

Part II discusses the growing disparity of wealth in America and …

June 1, 2015: How To Be Spiritual But Not Religious, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to be Spiritual but not Religious“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 30, 2015: Krugman On The Economics Of The Average American, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Krugman on the Economics of the Average American“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 25, 2015: The Future Of The Roman Catholic Church, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of the Roman Catholic Church“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 23, 2015: Finally, A Krugman Column On The Trade Pact, Bruce Ledewitz

Hallowed Secularism

Blog post, “Finally, a Krugman Column on the Trade Pact“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha

William & Mary Law Review

No abstract provided.

May 19, 2015: Martin Heidegger’S Humanism, Bruce Ledewitz

Hallowed Secularism

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

May 18, 2015: Where Is The Democratic Party Leadership On Trade?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Where Is the Democratic Party Leadership on Trade?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 16, 2015: Philip Kitcher’S Life After Faith Attacks Transcendence, Bruce Ledewitz

Hallowed Secularism

Blog post, “Philip Kitcher’s Life After Faith Attacks Transcendence“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 13, 2015: Religion Trends In America, Bruce Ledewitz

Hallowed Secularism

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

May 12, 2015: Reading Heidegger I, Bruce Ledewitz

Hallowed Secularism

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

May 10, 2015: Two Odd Things About The Shootings At The Cartoon Contest Last Week, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Odd Things about the Shootings at the Cartoon Contest Last Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 6, 2015: Iconic Picture Of Burning Silliman Hall, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Iconic Picture of Burning Silliman Hall“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 4, 2015: Choosing To Be Good Without God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Choosing to be Good Without God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Return To Political Theology, Joshua D. Hawley

Notre Dame Law Review

My aim in what follows is to employ N.T. Wright’s powerful and provocative analysis of Paul’s political gospel as a critical perspective on the foundational claims of the Great Separation. Because the very possibility of political theology is disputed in many quarters, I begin in Part I with a defense of political theology as critical theory. In Part II, I turn to Paul’s political gospel, tracing Wright’s reconstruction of its central terms, including the Pauline critique of empire. In Part III, I explore—briefly—the affirmative political vision Pauline theology makes possible, with particular focus on that theology’s unique form of political …

The Possession Heuristic, James E. Krier, Christopher Serkin

Book Chapters

A heuristic, as Daniel Kahneman (2011: 98) observes, “is a simple procedure that helps find adequate, though often imperfect, answers to difficult questions.” Kahneman is a psychologist, one of a handful of scholars who have brought heuristics to the attention of a general audience, thanks in large part to several books (Kahneman, Slovic, and Tversky 1982; Gilovich, Driffin, and Kahneman 2002). Just as Thomas Kuhn’s 1962 ideas about paradigms in the history of science are fodder for academics in all sorts of fields (this for better or worse), so too for Kahneman and company’s ideas about heuristics, and legal academics …

April 25, 2015: Is Matter Enough? But What Is Matter?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Is Matter Enough? But What is Matter?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 22, 2015: Reform Of Judaism, Bruce Ledewitz

Hallowed Secularism

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

April 20, 2015: Campaign Finance Becomes An Issue, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Campaign Finance Becomes an Issue“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz

Ledewitz Papers

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