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Full-Text Articles in Law and Philosophy

A Jewish Law View Of World Law, Michael J. Broyde Jan 2005

A Jewish Law View Of World Law, Michael J. Broyde

Faculty Articles

This paper will explore two basic Jewish law questions which reflect on the technical issues related to Professor Berman's world law proposal. The first question asks how Jewish law views public international law and whether public international law can be incorporated into the corpus of Jewish law. The second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law and if this classical paradigm of integration assists in formulating a Jewish law view of world law. To the best of my knowledge, the first matter is a question of nearly first impression in the Jewish law literature.


The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry Jan 2005

The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry

Faculty Articles

In the midst of the countless, grotesque inhumanities of the twentieth century, however, there is a heartening story, amply recounted elsewhere: the emergence, in international law, of the morality of human rights. The morality of human rights is not new; in one or another version, the morality is very old. But the emergence of morality in international law, in the period since the end of World War II, is a profoundly important development.

The twentieth century, therefore, was not only the dark and bloody time; the second half of the twentieth century was also the time in which a growing …


National Culture In Post-National Societies, Ángel Oquendo Jan 2005

National Culture In Post-National Societies, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


Through The Looking Glass: Mediator Conceptions Of Philosophy, Process And Power, Colleen M. Hanycz Jan 2005

Through The Looking Glass: Mediator Conceptions Of Philosophy, Process And Power, Colleen M. Hanycz

Articles & Book Chapters

While a number of civil reforms using mediation have emerged across Canada in recent years, of particular interest is the Ontario Mandatory Mediation Program that was first piloted in 1999, deemed successful and then made a permanent feature of the Rules of Civil Procedure in 2001. This article suggests that before we can evaluate the outcomes of mandatory mediation, we must first look more closely at the process being implemented by the mediators in this context. With that in mind, this article considers the ways in which the mediators themselves perceive of the mediation process. It reports on a qualitative …


Beyond Tinkering: Economics After Behavioral Economics, Stephen E. Ellis, Grant M. Hayden Jan 2005

Beyond Tinkering: Economics After Behavioral Economics, Stephen E. Ellis, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This paper assesses the current state of law and economics, standard and behavioral, and proposes an additional element to the basic belief-desire apparatus of economic theory in order to create a more unified theory of behavior.

The first part of the paper assesses the current status of standard economic theory. While standard models have had their successes, a large and growing body of empirical evidence reveals that people often fail to live up its rational-actor ideal. In response, economists usually stick with standard consumer theory and attempt to explain the anomalous results by referring to some overlooked input (e.g., some …


Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman Jan 2005

Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman

Articles & Chapters

Like most kinds of writing, academic writing rarely shines, but far more often than ordinary writing scholarly prose is murky and impenetrable. This brief jeu d'esprit considers several forms of bad writing, rejecting the claim, increasingly made in academic quarters, that "difficult writing" is necessary to the scholarly enterprise. Bloated, foggy, and enigmatic prose masquerades as profundity that escapes conventional mental grooves. In fact it is useless, unethical, and taken far enough, evil.


Another Tocqueville, Donald J. Herzog Jan 2005

Another Tocqueville, Donald J. Herzog

Articles

Time for a true confession: I'm skeptical of predictions in social and political life. Talk of causal generalizations and Hempel's covering laws strikes me as science fiction and fantasy in drag; talk of the unfolding of the immanent logic of modernity makes me dyspeptic. I usually think that structural considerations are context, not cause, and that weird combinations of stray contingencies explain what happens. Worse, now I'm called on to predict how political theorists will be discussing democracy ten years hence. Images of herding cats and Brownian motion come to mind. Nonetheless, duty calls. I dust off my crystal ball …


Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar Jan 2005

Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar

Articles

The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …


“Don’T Just Do Something, Stand There!” Humanitarian Intervention And The Drowning Stranger, Sundhya Pahuja Jan 2005

“Don’T Just Do Something, Stand There!” Humanitarian Intervention And The Drowning Stranger, Sundhya Pahuja

Human Rights & Human Welfare

A review of:

Just Intervention edited by Anthony F. Lang Jr. Washington D.C.: Georgetown University Press, 2003. 231 pp.

and

Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law by Anne Orford. Cambridge: Cambridge University Press, 2003. 243pp.


Corporate Prophet: An Introduction To Susan Stabile's A Catholic Vision Of The Corporation, Kellye Y. Testy Jan 2005

Corporate Prophet: An Introduction To Susan Stabile's A Catholic Vision Of The Corporation, Kellye Y. Testy

Articles

Public trust in business has waned as large-scale failures of corporate accountability and governance have rocked domestic and international marketplaces in the past several years. Efforts to bolster trust and improve corporate governance have received substantial public attention and have stemmed from many sources, including new regulatory initiatives and enhanced attention to governance by both public and private corporations in an attempt to stave off further regulation. At the same time, corporate law scholars have seized upon this milieu in order to reinvigorate scholarly debates about the roles and purposes of corporations in society.

Professor Susan Stabile, a scholar of …


The Myth Of Instrumental Rationality, Joseph Raz Jan 2005

The Myth Of Instrumental Rationality, Joseph Raz

Faculty Scholarship

My main aim is to explain the normative character of the phenomena that are commonly discussed when theoretical writers discuss instrumental rationality and instrumental reasons. The discussion will assume that there are forms of practical normativity, of practical reasons, which are not instrumental in nature. The question central to the inquiry is what, if any, normative difference does adopting or having an end make? For example, are there instrumental reasons and, if there are, how do they relate to having ends? Are instrumental reasons distinctive kinds of reasons, whose normativity differs in its underlying rationale from that of, say, moral …


Shopping For Law In A Coasean Market, G. Marcus Cole Jan 2005

Shopping For Law In A Coasean Market, G. Marcus Cole

Journal Articles

In the twentieth century, two Nobel-Prize winning economists wrote two seemingly unrelated characterizations of the processes constraining human behavior. One, Ronald Coase, wrote a short article entitled The Nature of the Firm,1 in which he reduced all managerial decision-making to a fundamental choice between making the factors of production, or buying them. This article and the idea of the "make or buy" decision for which it has come to be known, have proven to be among the most seminal in the history of financial economics and organizational behavior.

The second economist, Friedrich Hayek, wrote what he thought to be a …


The Bright Future Of Gay Marriage, Bruce Ledewitz Nov 2004

The Bright Future Of Gay Marriage, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


"Is That English You're Speaking?" Why Intention Free Interpretation Is An Impossibility, Larry Alexander, Saikrishna Prakash Aug 2004

"Is That English You're Speaking?" Why Intention Free Interpretation Is An Impossibility, Larry Alexander, Saikrishna Prakash

San Diego Law Review

"Textualism" is a very general and abstract term that represents a variety of views about the interpretation of legal texts. One strand of textualism is conceptual and descriptive; this strand makes claims about what texts actually mean. Another strand of textualism is normative; this strand makes claims about how judges ought to proceed when they interpret particular kinds of legal texts, such as constitutions and statutes. In the first part of this paper, we are particularly concerned with an especially strong form of conceptual textualism - the position that texts can be interpreted without any reference, express or implied, to …


Evolution, Politics And Law, Bailey Kuklin Jul 2004

Evolution, Politics And Law, Bailey Kuklin

Faculty Scholarship

No abstract provided.


Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson Jun 2004

Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson

Journal of Legal Education

No abstract provided.


In The Tout Court Of Shakespeare: Interdisciplinary Pedagogy In Law, Desmond Manderson Jun 2004

In The Tout Court Of Shakespeare: Interdisciplinary Pedagogy In Law, Desmond Manderson

Journal of Legal Education

No abstract provided.


Wild Dreamers: Meditations On The Admissibiity Of Dream Talk, Louise Harmon May 2004

Wild Dreamers: Meditations On The Admissibiity Of Dream Talk, Louise Harmon

Washington Law Review

This article presents a mosaic of interrelated meditations on how judges have dealt with the admissibility of dream talk, interspersed with short digressions on the meaning of dreams from a variety of historical and cultural perspectives. In Part I, I begin with theories about dreams from Aristotle, Hobbes, and others. I then tell the story of O.J. Simpson, wild dreamer extraordinaire, interrupted by a Freudian interlude and a speculation about the theories that the jurors may have silently applied to Simpson's dreams of killing his wife. In Part II, I present three wild dreamers from family court: a husband who …


Carl Schmitt's Nomos Of The Earth, Mark Antaki Apr 2004

Carl Schmitt's Nomos Of The Earth, Mark Antaki

Osgoode Hall Law Journal

No abstract provided.


The Three Independences, H. Jefferson Powell Mar 2004

The Three Independences, H. Jefferson Powell

University of Richmond Law Review

No abstract provided.


The End Of Technology: A Polemic, Louis E. Wolcher Feb 2004

The End Of Technology: A Polemic, Louis E. Wolcher

Washington Law Review

This essay is a philosophical polemic against the essence of modern technology. The piece does not advance a Luddite's agenda, however, since it describes modern technology's essence as technological thinking, rather than as the manifold of technical instruments and processes. Technological thinking is not just careful planning towards well thought-out ends. Rather, it is an entire orientation to life, and as such it is a monstrosity: it relentlessly and heartlessly transforms the world's beings, including human beings, into measurable units of production and consumption that are constantly being judged for their contributions to "productivity." Nature is thus made into a …


Towards A Theory Of Legitimate Access: Morally Legitimate Authority And The Right Of Citizens To Access The Civil Justice System, Kenneth Einar Himma Feb 2004

Towards A Theory Of Legitimate Access: Morally Legitimate Authority And The Right Of Citizens To Access The Civil Justice System, Kenneth Einar Himma

Washington Law Review

This Article considers the issue of what the state is morally obligated to provide by way of citizen access to the civil justice system. It begins by describing the general problem of morally legitimate authority and how it bears on the problem of access to the civil justice system. It then identifies three different approaches to the general problem of morally legitimate authority and argues that none of these approaches warrants thinking that the state is morally obligated to provide each citizen with perfectly equal access to the civil justice system. The argument concludes that the three approaches to legitimacy …


Justice Harlan’S Law And Democracy, Bruce Ledewitz Jan 2004

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


A Constitution For Everyone, Bruce Ledewitz Jan 2004

A Constitution For Everyone, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman Jan 2004

The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman

UIC Law Review

No abstract provided.


Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, 31 Pepp. L. Rev. 949 (2004), Donald L. Beschle Jan 2004

Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, 31 Pepp. L. Rev. 949 (2004), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan's Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli Jan 2004

A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan's Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli

Faculty Scholarship

In light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the …


The Day May Come: Legal Rights For Animals, Tom Regan Jan 2004

The Day May Come: Legal Rights For Animals, Tom Regan

Animal Law Review

This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans.


Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack Jan 2004

Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack

Articles

No abstract provided.


Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz Jan 2004

Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.