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Full-Text Articles in Law and Philosophy

Relational Theory And Health Law And Policy, Jennifer Llewellyn, Jocelyn Downie Jan 2008

Relational Theory And Health Law And Policy, Jennifer Llewellyn, Jocelyn Downie

Articles, Book Chapters, & Popular Press

Relational theory starts from an understanding of human selves as relational. This theory informs some significant current developments in the areas of philosophy, ethics and legal theory that re-envision key concepts including autonomy, equality, rights, justice, memory, trust, judgment and identity. In this paper we introduce relational theory and begin to explore some of its implications for health law and policy. In doing so, we hope to show the relevance of each field to the other and to persuade those interested in health law and policy to take up the challenge to pursue the transformative potential of relational theory through …


The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White Jan 2008

The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White

Publications

No abstract provided.


Human Identity: The Question Presented By Human-Animal Hybridization, Jospeh Vining Jan 2008

Human Identity: The Question Presented By Human-Animal Hybridization, Jospeh Vining

Other Publications

What makes each of us, as individuals, human to one another, or, more generally, what makes an individual creature human? We have not often had to ask the question because of the species line based on reproductive capacity and incapacity, although "degrees of humanness" were explored in the various eugenic programs of the last century. Now the biotechnological possibility of fusing human and other forms of life is presenting the question in a new and serious way. If the traditional biological means of defining species are no longer reliable, what other criteria might determine what is "human" and what is …


Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait Jan 2008

Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait

Law Faculty Publications

The preferred political metaphor in the constitutionalist context was the mystical political body, a concept that defined a system in which power was shared and the well-being of the community was linked to the well-being of the individual. Within the mystical political body, the theoretical possibility exists for women not only to occupy a civic space through organic (and organological) association but also to articulate their perspective and its consequences for the political community in a civically approved way. In the mystical body, women approach a citizenship status impossible within the traditional family framework and their witnessing is closely associated …


The Possibility Of A Secular First Amendment, Chad Flanders Jan 2008

The Possibility Of A Secular First Amendment, Chad Flanders

All Faculty Scholarship

In a series of articles and now in their new book, Religious Freedom and the Constitution, Lawrence Sager and Christopher Eisgruber (E&S) defend an interpretation of the religion clauses of the First Amendment which, they write, "denies that religion is a constitutional anomaly, a category of human experience that demands special benefits and/or necessitates special restrictions." While not a book review in the traditional sense, my essay takes E&S's defense of a secular First Amendment as a starting point and asks, how did we get to the point where an interpretation of the First Amendment which denies that religion is …


Reason, Reasons And Normativity, Joseph Raz Jan 2008

Reason, Reasons And Normativity, Joseph Raz

Faculty Scholarship

All normative phenomena are normative in as much as, and because, they provide reasons or are partly constituted by reasons. This makes the concept of a reason key to an understanding of normativity. Believing that, I will here present some thoughts about the connection between reasons and Reason and between Reason and normativity.


On The Guise Of The Good, Joseph Raz Jan 2008

On The Guise Of The Good, Joseph Raz

Faculty Scholarship

I will provisionally take the Guise of the Good thesis to consist of three propositions: (1) Intentional actions are actions performed for reasons, as those are seen by the agents. (2) Specifying the intention which makes an action intentional identifies central features of the reason(s) for which the action is performed. (3) Reasons for action are such reasons by being facts which establish that the action has some value. From these it is said to follow that (4) Intentional actions are actions taken in, and because of, a belief that there is some good in them. I will examine reasons …


On The Value Of Distributional Equality, Joseph Raz Jan 2008

On The Value Of Distributional Equality, Joseph Raz

Faculty Scholarship

The paper returns to the question whether equality in distribution is valuable in itself, or, if you like, whether it is intrinsically valuable. Its bulk is an examination of two familiar arguments against the intrinsic value of distributional equality: the levelling down objection and the objection that equality violates some person-affecting condition, in that its realisation does not improve the lot of people.


December 31, 2007: Curtis White In Harper's Magazine, Bruce Ledewitz Dec 2007

December 31, 2007: Curtis White In Harper's Magazine, Bruce Ledewitz

Hallowed Secularism

Curtis White in Harper's Magazine


December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz Dec 2007

December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz

Hallowed Secularism

More on Craig Unger the Neocons and Religion


December 28, 2007: The Neocons And Religion, Bruce Ledewitz Dec 2007

December 28, 2007: The Neocons And Religion, Bruce Ledewitz

Hallowed Secularism

The Neocons and Religion


December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz Dec 2007

December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz

Hallowed Secularism

The Evangelical Stance on Global Warming


December 20, 2007: Comfort At A Funeral, Bruce Ledewitz Dec 2007

December 20, 2007: Comfort At A Funeral, Bruce Ledewitz

Hallowed Secularism

Comfort at a Funeral


December 19, 2007: More On Philip Pullman, Bruce Ledewitz Dec 2007

December 19, 2007: More On Philip Pullman, Bruce Ledewitz

Hallowed Secularism

More on Philip Pullman


December 13, 2007: Physician Assisted Suicide, Bruce Ledewitz Dec 2007

December 13, 2007: Physician Assisted Suicide, Bruce Ledewitz

Hallowed Secularism

Physician Assisted Suicide


December 11, 2007: More On The Romney Speech: Liberal Reaction, Bruce Ledewitz Dec 2007

December 11, 2007: More On The Romney Speech: Liberal Reaction, Bruce Ledewitz

Hallowed Secularism

More on the Romney Speech: Liberal Reaction


December 7, 2007: Mitt Romney's Talk On Religion, Bruce Ledewitz Dec 2007

December 7, 2007: Mitt Romney's Talk On Religion, Bruce Ledewitz

Hallowed Secularism

Mitt Romney's Talk on Religion


December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz Dec 2007

December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Theology and Hallowed Secularism


Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor Dec 2007

Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor

Michigan Law Review

Championed on the Supreme Court by Justice Scalia and Justice Thomas and in academia most prominently by Professor Akhil Amar textualism has emerged within the past twenty years as a leading school of constitutional interpretation. Textualists argue that the Constitution should be interpreted in accordance with its original public meaning, and in seeking that meaning, they closely parse the Constitution's words and grammar and the placement of clauses in the document. They have assumed that this close parsing recaptures original meaning, but, perhaps because it seems obviously correct, that assumption has neither been defended nor challenged. This Article uses Professor …


November 30, 2007: Huckabee On Hardball, Bruce Ledewitz Nov 2007

November 30, 2007: Huckabee On Hardball, Bruce Ledewitz

Hallowed Secularism

Huckabee on Hardball


November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz Nov 2007

November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz

Hallowed Secularism

Mike Huckabee's Chances


November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz Nov 2007

November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Thanksgiving 2007


November 21, 2007: Philip Pullman--Author Of Hallowed Secularism?, Bruce Ledewitz Nov 2007

November 21, 2007: Philip Pullman--Author Of Hallowed Secularism?, Bruce Ledewitz

Hallowed Secularism

Philip Pullman--Author of Hallowed Secularism?


November 19, 2007: Antony Flew Finds Religion, Bruce Ledewitz Nov 2007

November 19, 2007: Antony Flew Finds Religion, Bruce Ledewitz

Hallowed Secularism

Antony Flew Finds Religion


November 17, 2007: Prayers For Rain In Georgia, Bruce Ledewitz Nov 2007

November 17, 2007: Prayers For Rain In Georgia, Bruce Ledewitz

Hallowed Secularism

Prayers for Rain in Georgia


November 15, 2007: American Religious Democracy In The News, Bruce Ledewitz Nov 2007

November 15, 2007: American Religious Democracy In The News, Bruce Ledewitz

Hallowed Secularism

American Religious Democracy in the News


November 13, 2007: The Limits Of Charles Taylor's Categories In A Secular Age, Bruce Ledewitz Nov 2007

November 13, 2007: The Limits Of Charles Taylor's Categories In A Secular Age, Bruce Ledewitz

Hallowed Secularism

The Limits of Charles Taylor's Categories in A Secular Age


November 10, 2007: What's Wrong With Charles Taylor, Bruce Ledewitz Nov 2007

November 10, 2007: What's Wrong With Charles Taylor, Bruce Ledewitz

Hallowed Secularism

What's Wrong with Charles Taylor


November 8, 2007: Interview In Pittsburgh City Paper, Bruce Ledewitz Nov 2007

November 8, 2007: Interview In Pittsburgh City Paper, Bruce Ledewitz

Hallowed Secularism

Interview in Pittsburgh City Paper


November 3, 2007: Hallowed Secularism's Contribution To Materialism, Bruce Ledewitz Nov 2007

November 3, 2007: Hallowed Secularism's Contribution To Materialism, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism's Contribution to Materialism