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Full-Text Articles in Law and Philosophy

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud Jan 2009

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud

Richmond Public Interest Law Review

To understand a social system, it is important to have some knowledge of the structure and principles governing that system. The principles, when applied to the system, help in arriving at a better understanding of the underlying forces that operate dynamically to hold the system together. As the core values of a society change, the system must be able to adapt and reformulate its governing principles in order to compensate. When the system can no longer adapt to change and progress, it cries out for replacement. In light of the foregoing, this article further seeks to examine the universal principles …


Thoughts On Corrective Justice, Stephen Utz Jan 2009

Thoughts On Corrective Justice, Stephen Utz

Faculty Articles and Papers

No abstract provided.


Race And Essentialism In Gloria Steinem, Frank Rudy Cooper Jan 2009

Race And Essentialism In Gloria Steinem, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper reflects on Angela Harris's essay Race and Essentialism in Feminist Legal Theory.. Harris is one of the foremost law professors in the country. She has co-written or coedited several important critical race theory and feminist theory casebooks as well as a casebook for a first-year course. This particular essay is one of the most cited critical race theory pieces ever, having been referred to in at least 796 articles. Professor Cooper joins a group of distinguished peers, describing the power Harris' work has on them now and when they were developing scholars.


Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud Jan 2009

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud

Journal Publications

This article seeks to examine the universal principles of Dharma and Karma as inherent principles within our social system. The hope is to bring about a better understanding of their influences and impact on our justice system by focusing the discussion on the utilization of these concepts by Mohandas Karamchand Gandhi and Martin Luther King, Jr. in their struggles for justice and equality in two distinct social realities.


Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud Jan 2009

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud

Richmond Journal of Law and the Public Interest

To understand a social system, it is important to have some knowledge of the structure and principles governing that system. The principles, when applied to the system, help in arriving at a better understanding of the underlying forces that operate dynamically to hold the system together. As the core values of a society change, the system must be able to adapt and reformulate its governing principles in order to compensate. When the system can no longer adapt to change and progress, it cries out for replacement. In light of the foregoing, this article further seeks to examine the universal principles …


Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman Jan 2009

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

Articles & Chapters

Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility ('CSR') to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant to …


Human Dignity And American Employment Law, David C. Yamada Jan 2009

Human Dignity And American Employment Law, David C. Yamada

University of Richmond Law Review

No abstract provided.


Reasons: Practical And Adaptive, Joseph Raz Jan 2009

Reasons: Practical And Adaptive, Joseph Raz

Faculty Scholarship

I will consider some of the differences between epistemic reasons and reasons for action, and use these differences to illuminate a major division between types of normative reasons, which I will call ‘adaptive’ and ‘practical’ reasons. A few clarifications of some aspects of the concept of epistemic reasons will lead to a distinction between standard and non-standard reasons (section 1). Some differences between epistemic and practical reasons will be described and explained in section 2, paving the way to generalising the contrast and explaining the difference between adaptive and practical reasons (section 3). sections 4 and 5 further explain and …


Personal Sovereignty And Normative Power Skepticism, Jody S. Kraus Jan 2009

Personal Sovereignty And Normative Power Skepticism, Jody S. Kraus

Faculty Scholarship

In "The Correspondence of Contract and Promise," I claim that contract scholars have mistakenly presumed that they can assess the correspondence between contract and promise without first providing a theory of self-imposed moral responsibility that explains and justifies the promise principle. To illustrate the dependence of correspondence accounts of contract law on a theory of self-imposed moral responsibility, I demonstrate how a "personal sovereignty" account of individual autonomy explains how and why, contrary to existing correspondence theories, promissory responsibility corresponds to the rights and duties recognized by contract. Personal sovereignty recognizes the fundamental right of individuals not only to choose …


Agency And Luck, Joseph Raz Jan 2009

Agency And Luck, Joseph Raz

Faculty Scholarship

Advancing an account of responsibility which is based on the functioning of our rational capacities, the paper revisits some central aspects of the moral luck puzzle. It proposes a new variant of Williams’ agent-regret, but concludes that its scope does not coincide with cases of moral luck. It then distinguishes different ways in which the factors beyond our control feature in our engagement with the world which show how the guidance principle (we are responsible for actions guided by our rational powers) recognises a narrower range of situations of moral luck than is often supposed, allowing to distinguish between responsibility …


Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph Jan 2009

Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph

Faculty Scholarship

In this Criminal Law Conversation (Robinson, Ferzan & Garvey, eds., Oxford 2009), the authors debate whether there is a role for randomization in the penal sphere - in the criminal law, in policing, and in punishment theory. In his Tanner lectures back in 1987, Jon Elster had argued that there was no role for chance in the criminal law: “I do not think there are any arguments for incorporating lotteries in present-day criminal law,” Elster declared. Bernard Harcourt takes a very different position and embraces chance in the penal sphere, arguing that randomization is often the only way to avoid …


Responsibility And The Negligence Standard, Joseph Raz Jan 2009

Responsibility And The Negligence Standard, Joseph Raz

Faculty Scholarship

The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the grounds of duties to pay damages.


No Future Without (Personal) Forgiveness: Reexamining The Role Of Forgiveness In Transitional Justice, John D. Inazu Jan 2009

No Future Without (Personal) Forgiveness: Reexamining The Role Of Forgiveness In Transitional Justice, John D. Inazu

Scholarship@WashULaw

The role of forgiveness has been much discussed in the literature on transitional justice, but a basic point has been muddled: most acts of forgiveness are inherently personal and cannot be achieved by state actors alone. What I call personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including …


When Does Might Make Right? Using Force For Regime Change, John Linarelli Jan 2009

When Does Might Make Right? Using Force For Regime Change, John Linarelli

Scholarly Works

Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …


International Law: Practical Authority, Global Justice, John Linarelli Jan 2009

International Law: Practical Authority, Global Justice, John Linarelli

Scholarly Works

No abstract provided.


December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz Dec 2008

December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ursula K. LeGuin Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz Dec 2008

December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

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


December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz Dec 2008

December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz

Hallowed Secularism

Blog post, “Chanukah—the Victory of the Taliban“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 24, 2008: The Humanlight Holiday, Bruce Ledewitz Dec 2008

December 24, 2008: The Humanlight Holiday, Bruce Ledewitz

Hallowed Secularism

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


December 22, 2008: A New Kind Of Faith, Bruce Ledewitz Dec 2008

December 22, 2008: A New Kind Of Faith, Bruce Ledewitz

Hallowed Secularism

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


December 18, 2008: The Hatred Of Unions, Bruce Ledewitz Dec 2008

December 18, 2008: The Hatred Of Unions, Bruce Ledewitz

Hallowed Secularism

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


December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz Dec 2008

December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz

Hallowed Secularism

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


December 11, 2008: The Firing Of Don Guter, Bruce Ledewitz Dec 2008

December 11, 2008: The Firing Of Don Guter, Bruce Ledewitz

Hallowed Secularism

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


December 8, 2008: The Future Of Secularism In American Politics, Bruce Ledewitz Dec 2008

December 8, 2008: The Future Of Secularism In American Politics, Bruce Ledewitz

Hallowed Secularism

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


December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz Dec 2008

December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

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


December 4, 2008: The Secularization Of Islam, Bruce Ledewitz Dec 2008

December 4, 2008: The Secularization Of Islam, Bruce Ledewitz

Hallowed Secularism

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


December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz Dec 2008

December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Thankful Was Your Thanksgiving?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 29, 2008: The Grace Of Religious Believers, Bruce Ledewitz Nov 2008

November 29, 2008: The Grace Of Religious Believers, Bruce Ledewitz

Hallowed Secularism

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


November 25, 2008: The Habit Of Hope, Bruce Ledewitz Nov 2008

November 25, 2008: The Habit Of Hope, Bruce Ledewitz

Hallowed Secularism

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


November 25, 2008: Pleasant Grove City V. Summum, Bruce Ledewitz Nov 2008

November 25, 2008: Pleasant Grove City V. Summum, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Pleasant Grove City v. Summum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.