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Articles 2641 - 2670 of 3948
Full-Text Articles in Law and Philosophy
What Value Pluralism Means For Legal-Constitutional Orders, William A. Galston
What Value Pluralism Means For Legal-Constitutional Orders, William A. Galston
San Diego Law Review
I begin by summarizing my version of liberal pluralism, emphasizing that the notion of pluralism implies not only value conflicts and hard choices but also a set of normative principles that are capable of guiding public policy. I then use that framework to adjudicate between rival approaches to distributive justice within liberalism, starting with the basic division between laissez-faire and egalitarian-redistributive approaches and proceeding to the leading alternatives within egalitarianism.
Berlin's Methodological Parsimony, Daniel M. Weinstock
Berlin's Methodological Parsimony, Daniel M. Weinstock
San Diego Law Review
In this Article, I want to suggest a third line of argument that can be retrieved from Two Concepts. It is primarily methodological. It enjoins political theorists to define the extension of normative concepts in a manner that makes as perspicuous as possible the various normative considerations that are relevant to political decisionmaking. Although related to the pluralist defense of negative freedom briefly alluded to above, I will suggest that it is distinct from it, and that it allows us to address important but under appreciated lacunae that beset the argument from value pluralism, as well as the argument according …
The Path Between Value Pluralism And Liberal Political Order: Questioning The Connection, Patrick Neal
The Path Between Value Pluralism And Liberal Political Order: Questioning The Connection, Patrick Neal
San Diego Law Review
After a few terminological preliminaries in Part II, I turn to two primary tasks. First, in Part III, I raise questions that seem to me to confront the basic logic of the connection between value pluralism and liberalism. Second, in Part IV, I discuss at length the "argument from diversity" articulated by George Crowder in support of the view that value pluralism supports liberalism. This line of argument is only one of a number that Crowder advances in support of that view, and so doubts about its success do not necessarily implicate the other lines of argument he pursues. However, …
The Plural Implications Of Value Pluralism: A Comment On Maimon Schwarzschild's On This Side Of The Law And On That Side Of The Law, Iddo Porat
San Diego Law Review
I suggest that there are two main views that can be found in Professor Schwarzschild's paper. The first is a strong suspicion of any type of centralized power, especially judicial power, as potentially stifling the plurality of values in society and imposing a monolithic view from above. This theme makes federalism and judicial activism especially central issues in the paper, and I will concentrate on both of them in my comment. The second view regarding the application of value pluralism is more subtle. It is a Burkean defense of traditional institutions, arguing that they represent a way of life in …
Value Pluralism Does Not Support Liberalism: A Comment On William A. Galston's What Value Pluralism Means For Legal-Constitutional Orders, Richard J. Arnesto
Value Pluralism Does Not Support Liberalism: A Comment On William A. Galston's What Value Pluralism Means For Legal-Constitutional Orders, Richard J. Arnesto
San Diego Law Review
In a free society, there is a strong presumption in favor of letting individuals act as they choose without interference by others. William A. Galston has developed this argument with exemplary clarity. He is wrong. The idea that value incommensurability is a reason for toleration of diverse ways of life and protection of the individual's freedom to choose among diverse ways of life is a mistake. Value pluralism does not establish any normative presumption in favor of liberty, so the worry "does this presumption hold without limit," or "are there good reasons that constrain it at some point," is otiose.
Urbanization, The Intelligentsia, And Meaning Change: A Comment On Horacio Spector's Value Pluralism And The Two Concepts Of Rights, Christopher T. Wonnell
Urbanization, The Intelligentsia, And Meaning Change: A Comment On Horacio Spector's Value Pluralism And The Two Concepts Of Rights, Christopher T. Wonnell
San Diego Law Review
In my view, Professor Spector's paper is more persuasive in identifying the rhetorical change that has taken place than in providing a causal account of its genesis. The traditional rights of private property and freedom of contract do seem a long way from the new rights to receive medical care or safe and affordable housing. However, the rural-to-urban hypothesis for the cause of this change is not especially persuasive. Laissez-faire thinking of autonomous private spheres was at its height in the late eighteenth and early nineteenth centuries, among conditions far more urban and commercial than had historically been the case …
October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz
October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Debate Over the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 20, 2009: Are Secularists As Good As Believers?, Bruce Ledewitz
October 20, 2009: Are Secularists As Good As Believers?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Secularists as Good as Believers?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 25, 2009: Secularism Is Growing; But What Kind Of Secularism?, Bruce Ledewitz
October 25, 2009: Secularism Is Growing; But What Kind Of Secularism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secularism Is Growing; But What Kind of Secularism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 23, 2009: Why Does The New Atheism Fail?, Bruce Ledewitz
October 23, 2009: Why Does The New Atheism Fail?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Does the New Atheism Fail?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz
October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Where Does Relativism Come From?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz
October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz
Hallowed Secularism
Blog post, “Higher Law in the Public Square Meets the High School Cheerleader“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 12, 2009: Steve Waldman Doesn't Get The Cross, Bruce Ledewitz
October 12, 2009: Steve Waldman Doesn't Get The Cross, Bruce Ledewitz
Hallowed Secularism
Blog post, “Steve Waldman Doesn't Get the Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 10, 2009: President Obama's Nobel Peace Prize, Bruce Ledewitz
October 10, 2009: President Obama's Nobel Peace Prize, Bruce Ledewitz
Hallowed Secularism
Blog post, “President Obama's Nobel Peace Prize“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 7, 2009: The Temptations Of Standing, Bruce Ledewitz
October 7, 2009: The Temptations Of Standing, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Temptations of Standing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 4, 2009: I Left Judaism Because I Am Ross Douthat And Not Karen Armstrong, Bruce Ledewitz
October 4, 2009: I Left Judaism Because I Am Ross Douthat And Not Karen Armstrong, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Left Judaism Because I am Ross Douthat and not Karen Armstrong“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 2, 2009: Higher Law In The Public Square, Bruce Ledewitz
October 2, 2009: Higher Law In The Public Square, Bruce Ledewitz
Hallowed Secularism
Blog post, “Higher Law in the Public Square“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 30, 2009: Final Reflection On A Secular Yom Kippur, Bruce Ledewitz
September 30, 2009: Final Reflection On A Secular Yom Kippur, Bruce Ledewitz
Hallowed Secularism
Blog post, “Final Reflection on a Secular Yom Kippur“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 27, 2009: A Secular Yom Kippur, Bruce Ledewitz
September 27, 2009: A Secular Yom Kippur, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Secular Yom Kippur“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 24, 2009: The Death Of The Death Of God, Bruce Ledewitz
September 24, 2009: The Death Of The Death Of God, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Death of the Death of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 21, 2009: Acorn’S Crime Is Organizing Poor People, Bruce Ledewitz
September 21, 2009: Acorn’S Crime Is Organizing Poor People, Bruce Ledewitz
Hallowed Secularism
Blog post, “ACORN’s Crime is Organizing Poor People“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 19, 2009: Why Secularism Needs The High Holy Days Or Something Like Them, Bruce Ledewitz
September 19, 2009: Why Secularism Needs The High Holy Days Or Something Like Them, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Secularism Needs the High Holy Days or Something Like Them“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 17, 2009: God Is Just Another Word, Bruce Ledewitz
September 17, 2009: God Is Just Another Word, Bruce Ledewitz
Hallowed Secularism
Blog post, “God is Just Another Word“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 17, 2009: None, Bruce Ledewitz
September 17, 2009: 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.
“God” Is Just Another Word, Bruce Ledewitz
“God” Is Just Another Word, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz
Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
September 15, 2009: Religion Dispatches Magazine Continues Church/State Debate, Bruce Ledewitz
September 15, 2009: Religion Dispatches Magazine Continues Church/State Debate, Bruce Ledewitz
Hallowed Secularism
Blog post, ““ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 12, 2009: More Pope Benedict On Religious Certainty In Politics, Bruce Ledewitz
September 12, 2009: More Pope Benedict On Religious Certainty In Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Pope Benedict on Religious Certainty in Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 11, 2009: Political Certainty And Religion, Bruce Ledewitz
September 11, 2009: Political Certainty And Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Political Certainty and Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 9, 2009: How Did Corporations Get Constitutional Rights?, Bruce Ledewitz
September 9, 2009: How Did Corporations Get Constitutional Rights?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Did Corporations Get Constitutional Rights?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.