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Articles 2161 - 2190 of 3944

Full-Text Articles in Law and Philosophy

Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich Jan 2013

Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich

NYLS Law Review

No abstract provided.


News In Cyberspace: The Creation Of The New Ignorance, Ronald Charles Griffin Jan 2013

News In Cyberspace: The Creation Of The New Ignorance, Ronald Charles Griffin

Journal Publications

Computers are dummying us down. Book learning has given way to computer speak. Modern technology overwhelms us. Users are enthralled with gadgets to the point where they have lost themselves in them. We have abandoned, perhaps mislaid, our sense for ignorance; what it means to be illiterate in the 21st century; and working definitions for truth. In this environment a dab of education (enough to make somebody lethal), a sprinkle of bigotry, and fear produce people with ideas that are bad for us. This essay cautions against trucking with those folk; it marks what they do in the media that …


Law Among The Sight Lovers, Francis J. Mootz Iii Jan 2013

Law Among The Sight Lovers, Francis J. Mootz Iii

NYLS Law Review

No abstract provided.


The Case Against The Case Against The Death Penalty, Chad W. Flanders Jan 2013

The Case Against The Case Against The Death Penalty, Chad W. Flanders

All Faculty Scholarship

Despite the continuing belief by a majority of Americans that the death penalty is morally permissible, the death penalty has few academic defenders. This lack of academic defenders is puzzling because of the strong philosophical justification the death penalty finds in traditional theories of punishment. The three major theories of punishment (the deterrent, the retributive, and the rehabilitative), far from showing that the death penalty is not justified, tend to provide good reasons to favor the death penalty. Indeed, every attempt to show that the major theories of punishment rule out the death penalty either involves smuggling in other assumptions …


Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker Jan 2013

Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker

All Faculty Scholarship

For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin Kerr bravely, creatively, and eloquently answered that question in his article, “A Theory of Law,” in the Autumn 2012 issue of the Green Bag. Uniquely among all theories of law that I know of, Kerr’s answer to the fundamental question of law and true public policy enables all scholars to …


Law School As Liberal Education, Sherman J. Clark Jan 2013

Law School As Liberal Education, Sherman J. Clark

Articles

The president of a liberal arts college, if asked why college is worthwhile, would be able to respond on several levels. He or she would certainly say something about the value of the degree as a credential to help students get a job or get into graduate school. In addition, he or she would likely emphasize the professional value of the skills and capacities developed through a liberal education, which can help students succeed at work or in graduate school. More deeply, however, we would expect that he or she would have something to say about the intrinsic value of …


On Normativity And Responsibility: Responses, Joseph Raz Jan 2013

On Normativity And Responsibility: Responses, Joseph Raz

Faculty Scholarship

Contains responses to comments by Chang, Hestein and Heuer on "From Normativity to Responsibility". The paper responds to various criticisms especially about methodology, the bearing of a secure area of competence on responsibility, the univocality of 'reasons', the relations of value and practical reasons, the scope of rational powers, the function of reasons to be rational, and most extensively about following reasons and the distinction between standard and non-standard reasons (where Heuer has pointed out some deficiencies in the discussion of the matter in the book).


The Moral Significance Of Economic Life, Andrzej Rapaczynski Jan 2013

The Moral Significance Of Economic Life, Andrzej Rapaczynski

Faculty Scholarship

Much of the modern perception of the role of economic production in human life – whether on the Left or on the Right of the political spectrum – views it as an inferior, instrumental activity oriented toward self-preservation, self-interest, or profit, and thus as essentially distinct from the truly human action concerned with moral values, justice, and various forms of self-fulfillment. This widely shared worldview is rooted, on the one hand, in the Aristotelian tradition that sees labor as a badge of slavery, and freedom as lying in the domain of politics and pure (not technical) knowledge, and, on the …


Becker And Foucault On Crime And Punishment – A Conversation With Gary Becker, François Ewald, And Bernard Harcourt: The Second Session, Gary S. Becker, Francois Ewald, Bernard E. Harcourt Jan 2013

Becker And Foucault On Crime And Punishment – A Conversation With Gary Becker, François Ewald, And Bernard Harcourt: The Second Session, Gary S. Becker, Francois Ewald, Bernard E. Harcourt

Faculty Scholarship

In his 1979 lectures at the Collège de France, The Birth of Biopolitics, Michel Foucault discussed and analyzed Gary Becker’s economic theory of crime and punishment, originally published in The Journal of Political Economy in 1968 under the title “Crime and Punishment: An Economic Approach.” In this historic, second encounter at the University of Chicago, Gary Becker responds to Foucault’s lectures and possible critical readings of his writings on crime and punishment, in conversation with Professors François Ewald (who was, at the time in 1979, Foucault’s assistant at the Collège and one of Foucault’s closest interlocutors) and Bernard Harcourt (a …


Ethics And International Law: Integrating The Global Justice Project(S), Steven R. Ratner Jan 2013

Ethics And International Law: Integrating The Global Justice Project(S), Steven R. Ratner

Articles

Academic discourse on global justice is at an all-time high. Within ethics and international law, scholars are undertaking new inquiries into age-old questions of building a just world order. Ethics – political and moral philosophy – poses fundamental questions about responsibilities at the global level and produces a tightly reasoned set of frameworks regarding world order. International law, with its focus on legal norms and institutional arrangements, provides a path, as well as illuminates the obstacles, to implementing theories of the right or of the good. Yet despite the complementarity of these two projects, neither is drawing what it should …


Textualism And Obstacle Preemption, John D. Ohlendorf Jan 2013

Textualism And Obstacle Preemption, John D. Ohlendorf

Georgia Law Review

Commentators, both on the bench and in the academy,
have perceived an inconsistency between the Supreme
Court's trend, in recent decades, towards an increasingly
formalist approach to statutory interpretation and the
Court's continued willingness to find state laws preempted
as "obstacles to the accomplishment and execution of the
full purposes and objectives of Congress'"--so-called
"obstacle preemption." This Article argues that by giving
the meaning contextually implied in a statutory text
ordinary, operative legal force, we can justify most of the
current scope of obstacle preemption based solely on
theoretical moves textualism already is committed to
making.
The Article first sketches …


Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez Jan 2013

Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez

Faculty Publications

No abstract provided.


December 29, 2012: What Is Nihilism?, Bruce Ledewitz Dec 2012

December 29, 2012: What Is Nihilism?, Bruce Ledewitz

Hallowed Secularism

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


December 26, 2012: One Man Promoting Gay Marriage And Religious Liberty, Bruce Ledewitz Dec 2012

December 26, 2012: One Man Promoting Gay Marriage And Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “One Man Promoting Gay Marriage And Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 23, 2012: The Egyptian Constitution, Bruce Ledewitz Dec 2012

December 23, 2012: The Egyptian Constitution, Bruce Ledewitz

Hallowed Secularism

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


December 20, 2012: No, God Has Not Called Them Home, Bruce Ledewitz Dec 2012

December 20, 2012: No, God Has Not Called Them Home, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, God Has Not Called Them Home“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 16, 2012: Heller Is Good News For Gun Control, Bruce Ledewitz Dec 2012

December 16, 2012: Heller Is Good News For Gun Control, Bruce Ledewitz

Hallowed Secularism

Blog post, “Heller is Good News for Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz Dec 2012

December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz

Hallowed Secularism

Blog post, “Bringing Wal-Mart Jobs to Michigan“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 8, 2012: Another Challenge From Religious Conscience, Bruce Ledewitz Dec 2012

December 8, 2012: Another Challenge From Religious Conscience, Bruce Ledewitz

Hallowed Secularism

Blog post, “Another Challenge From Religious Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 5, 2012: Is Abortion Next?, Bruce Ledewitz Dec 2012

December 5, 2012: Is Abortion Next?, Bruce Ledewitz

Hallowed Secularism

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


November 30, 2012: A Movie To Redeem Politics, Bruce Ledewitz Nov 2012

November 30, 2012: A Movie To Redeem Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Movie to Redeem Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz Nov 2012

November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Compromise on the Contraception Mandate?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 22, 2012: Happy Thanksgiving, Bruce Ledewitz Nov 2012

November 22, 2012: Happy Thanksgiving, Bruce Ledewitz

Hallowed Secularism

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


November 21, 2012: The Tensions In Religious Liberty, Bruce Ledewitz Nov 2012

November 21, 2012: The Tensions In Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “he Tensions in Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 17, 2012: The Real Losers In This Election—Religious Voters, Bruce Ledewitz Nov 2012

November 17, 2012: The Real Losers In This Election—Religious Voters, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Real Losers in this Election—Religious Voters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz Nov 2012

November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, Corporations Do Not Have Religious Rights“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 10, 2012: Tuesday Was A Vindication Of Hallowed Secularism, Bruce Ledewitz Nov 2012

November 10, 2012: Tuesday Was A Vindication Of Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Tuesday Was a Vindication of Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 9, 2012: Time To Repeal Campaign Contribution Limits, Bruce Ledewitz Nov 2012

November 9, 2012: Time To Repeal Campaign Contribution Limits, Bruce Ledewitz

Hallowed Secularism

Blog post, “Time to Repeal Campaign Contribution Limits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 3, 2012: Accommodating Religion, Bruce Ledewitz Nov 2012

November 3, 2012: Accommodating Religion, Bruce Ledewitz

Hallowed Secularism

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


October 31, 2012: The Upcoming Presidential Election, Bruce Ledewitz Oct 2012

October 31, 2012: The Upcoming Presidential Election, Bruce Ledewitz

Hallowed Secularism

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