Open Access. Powered by Scholars. Published by Universities.®

Law and Philosophy Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2611 - 2640 of 3948

Full-Text Articles in Law and Philosophy

Being In The World, Joseph Raz Jan 2010

Being In The World, Joseph Raz

Faculty Scholarship

Actions for which we are responsible constitute our engagement with the world as rational agents. What is the relationship between such actions and our capacities for rational agency? I take this to be a question about responsibility in a particular use of that term, which I shall call ‘responsibility’. We are not responsible for all our intentional actions (actions under hypnosis, for example), but we can nevertheless be responsible for actions we do not adequately control, for negligent actions, and for non‐intentional omissions. Appreciating this helps show that familiar principles of responsibility are false: those which delimit responsibility to intentional …


On Respect, Authority & Neutrality: A Response, Joseph Raz Jan 2010

On Respect, Authority & Neutrality: A Response, Joseph Raz

Faculty Scholarship

I owe a great debt to Professors Wall, Darwall, and Green for their willingness to challenge, develop, and question some of my publications, which forced me to confront a few of the shortcomings in my views and, I hope, to clarify and improve some of them. Given the diversity of the topics, I respond to each separately. I aimed to avoid minor points and to write only on matters which affect the cogency of my views or theirs on important issues.1 For that reason, as well as for reasons of space, not all the issues they raise are dealt …


Abstention: The Unexpected Power Of Withholding Your Vote, Grant M. Hayden Jan 2010

Abstention: The Unexpected Power Of Withholding Your Vote, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This Article examines the effect of abstentions on the outcome of votes. Scholars (and voters) operate under two basic assumptions about the nature of abstention. First, they assume that an abstention affects all alternatives in equal measure. Second, and relatedly, people assume that a voter’s preferred alternative will be less likely to win if that voter abstains (and, of course, more likely to win if she votes). Removing the potential full support of a vote and replacing it with the fifty-fifty proposition of an abstention should hurt the chances of a voter’s preferred alternative. These two assumptions guide the thinking …


Empirical Desert And The Moral Economy Of Punishment, Zachary R. Calo Jan 2010

Empirical Desert And The Moral Economy Of Punishment, Zachary R. Calo

Scholarly Works

This paper considers Paul Robinson's theory of empirical desert as an argument for moving beyond the debate between utilitarian and retributivist accounts of punishment. It is argued that empirical desert, in its attempt to replace philosophy with the insights of the social and biological sciences, fails to ground the foundational act of punishment in an adequate theoretical warrant. A particular problem confronting empirical desert is that while Robinson shifts the locus of punishment from theory to the intuitions of the relevant community, he does not adequately account for the dynamic process by which communities shape and structure their internal moral …


December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz Dec 2009

December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz

Hallowed Secularism

Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz Dec 2009

December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz

Hallowed Secularism

Blog post, “As Christmas Goes, So Goes the Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz Dec 2009

December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Does a Hallowed Secularist Send Chanukah Gifts?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz Dec 2009

December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “Outrageous Breach of Wall of Separation as Rabbis Urge Lieberman to Support Health Care Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 16, 2009: The Fight For Chanukah, Bruce Ledewitz Dec 2009

December 16, 2009: The Fight For Chanukah, Bruce Ledewitz

Hallowed Secularism

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


December 13, 2009: Time To Buy An American Car, Bruce Ledewitz Dec 2009

December 13, 2009: Time To Buy An American Car, Bruce Ledewitz

Hallowed Secularism

Blog post, “Time to Buy an American Car“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 10. 2009: The New Weirdness, Bruce Ledewitz Dec 2009

December 10. 2009: The New Weirdness, Bruce Ledewitz

Hallowed Secularism

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


December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz Dec 2009

December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Religious Politics “Undemocratic”?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz Dec 2009

December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Charles Taylor and the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 2, 2009: Is Islam Different?, Bruce Ledewitz Dec 2009

December 2, 2009: Is Islam Different?, Bruce Ledewitz

Hallowed Secularism

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


November 29, 2009: The Iranian Bomb, Bruce Ledewitz Nov 2009

November 29, 2009: The Iranian Bomb, Bruce Ledewitz

Hallowed Secularism

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


November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz Nov 2009

November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz

Hallowed Secularism

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


November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz Nov 2009

November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz

Hallowed Secularism

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


November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz Nov 2009

November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Young Don’t Read the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz Nov 2009

November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz Nov 2009

November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz

Hallowed Secularism

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


November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz Nov 2009

November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Religious Extremists in the Military“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz Nov 2009

November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Does a Hallowed Secularist Face Death?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz Nov 2009

November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Role of Religion in Building Coalitions Over Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz Nov 2009

November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hopeful Signs in the Vote in Maine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz Nov 2009

November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Calls for Believers to Translate Their Beliefs“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Value Pluralism And The Two Concepts Of Rights, Horacio Spector Nov 2009

Value Pluralism And The Two Concepts Of Rights, Horacio Spector

San Diego Law Review

In Part II, I will indicate how the Will Theory and the Interest Theory each capture distinct features of the usage of right in contemporary moral and legal discourse. However, I will also argue that neither of the two theories is successful in explaining all the properties of rights. In Part III, I will argue that the debate between the two theories is irresolvable because the Will Theory and the Interest Theory reflect the meaning of rights within rival and incommensurable value paradigms existing in today's moral and legal culture. The incommensurability of the underlying value paradigms leads to radical …


Normative Conflict In International Law, Carmen Pavel Nov 2009

Normative Conflict In International Law, Carmen Pavel

San Diego Law Review

In Part II, I will illustrate the problem of conflict in international law by drawing on two cases in international trade law. I will then argue in Parts III and IV that legal conflict often represents a genuine normative conflict grounded in our multiple, incommensurable, and potentially conflicting moral commitments. In doing so, I will deflect potential skepticism about the reality of normative conflict in international law. Drawing from existing international legal practice, I will show in Part IV that we can resort to a substantial toolbox of rules and principles to reconcile legal norms that are in tension with …


Introduction To The 2009 Editors' Symposium: Isaiah Berlin, Value Pluralism, And The Law, Larry Alexander Nov 2009

Introduction To The 2009 Editors' Symposium: Isaiah Berlin, Value Pluralism, And The Law, Larry Alexander

San Diego Law Review

The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2009 Editors' Symposium of the San Diego Law Review.


On This Side Of The Law And On That Side Of The Law, Maimon Schwarzschild Nov 2009

On This Side Of The Law And On That Side Of The Law, Maimon Schwarzschild

San Diego Law Review

Value pluralism is the idea that legitimate human values and goals are many, often incompatible, and not reducible to any single overarching principle or Good. Value pluralism is probably the central idea - you could say the single overarching idea - in the work of Sir Isaiah Berlin, the English philosopher and historian of ideas. Berlin's theme is that individuals, and societies as well, have ideals and aspirations that conflict, and that therefore cannot all be fully realized. Thus a society cannot have perfect equality and perfect liberty because some people will exercise freedom to differentiate themselves, and hence to …


Pluralism, Liberalism, And Distributive Justice, George Crowder Nov 2009

Pluralism, Liberalism, And Distributive Justice, George Crowder

San Diego Law Review

My general task in this paper is to argue that Ronald Dworkin is incorrect about the indeterminate and paralyzing character of pluralism. The background worry that motivates Dworkin's attack on the truth of pluralism is misplaced. Pluralism is not the field of indeterminacy and reform paralysis that he supposes it to be. More specifically, I argue this point with reference to the question of justice in economic distribution. Using the liberal-pluralist approach I have developed elsewhere, I try to show that a value-pluralist approach to distributive justice, far from leading to inaction or acquiescence in existing patterns of power, commends …