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Articles 3541 - 3570 of 3949

Full-Text Articles in Law and Philosophy

Finance Capital In Uganda: A Collision Of Perspectives Of Marxism And Capitalism, John W. Van Doren Jan 1991

Finance Capital In Uganda: A Collision Of Perspectives Of Marxism And Capitalism, John W. Van Doren

Penn State International Law Review (1982 - 2011)

The article will continue with a discussion of how that investment is perceived by Marxists, advocates of Critical Legal Studies, and the Yale School of Policy Science. Section I will provide background information about the beliefs and philosophical underpinnings of each of the schools. of thought. Section II will describe some Ugandan law students' perceptions of Uganda's social and political history relevant to foreign investment. Section III will evaluate the law students' theses concerning finance capital, and their de facto mentor, Professor Nabudere. Section IV will apply various Western jurisprudential theories to the finance capital issues raised by the law …

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"Liberalism's Dangerous Supplements": Medieval Ghosts Of International Law, Anthony Carty Jan 1991

"Liberalism's Dangerous Supplements": Medieval Ghosts Of International Law, Anthony Carty

Michigan Journal of International Law

A book review of From Apology to Utopia: The Structure of International Legal Argument by Martti Koskenniemi

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Making Sense Of Criminal Law, James Boyd White Jan 1991

Making Sense Of Criminal Law, James Boyd White

Book Chapters

When a student comes to law school, he leaves behind a world he knows and understands and turns to another world, that of the law, which at the beginning he cannot comprehend. He is immersed in a body of literature that is at once assertive and confusing; he attends a series of classes in which his teacher seems to make the unsettling assumption that he already knows what he came to learn. One question he will naturally ask himself of all this - his experience of the law - is whether it makes any sense to him. And for a …

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Contingency And Community In Normative Practice, Steven L. Winter Jan 1991

Contingency And Community In Normative Practice, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

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Rights, Communities, And Tradition, Brian Slattery Jan 1991

Rights, Communities, And Tradition, Brian Slattery

Articles & Book Chapters

This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.

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Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun Jan 1991

Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

Publications

No abstract provided.

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Doubting Donald: A Reply To Professor Donald Galloway's 'Critical Mistakes', Richard F. Devlin Fsrc Jan 1991

Doubting Donald: A Reply To Professor Donald Galloway's 'Critical Mistakes', Richard F. Devlin Fsrc

Articles, Book Chapters, & Popular Press

In a recent article Professor Galloway has argued that supporters of the Critical Legal Studies perspective make five fundamental errors in their analyses of liberal theory and as a result have failed in their deconstructive agenda. In this essay Professor Devlin replies to these criticisms and posits that Galloway's essay in retrieval is itself subject to the very same errors of which he accuses the "crits". Moreover, it is argued that the nature of Galloway 's partial defence of liberalism confirms rather than denies the accuracy of critical assessments.

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Foreword: Postmodernism And Law, Pierre Schlag Jan 1991

Foreword: Postmodernism And Law, Pierre Schlag

Publications

No abstract provided.

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The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs Jan 1991

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.

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Puzzling Through Burke, Donald J. Herzog Jan 1991

Puzzling Through Burke, Donald J. Herzog

Articles

Here's an utterly innocent question: What was Edmund Burke up to, anyway? What does all that quirky brilliance, all that majestically tangled prose, amount to? If Burke is a source of profound political wisdom, as generations of conservatives have tirelessly assured us, what does he have to say? If he's an important political theorist - and I don't think we should allow the conventionally received canon, no more sacrosanct than our teachers' reading lists, to determine our judgment on such matters - what is his theory?

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Review Of Transforming Political Discourse, Donald J. Herzog Jan 1991

Review Of Transforming Political Discourse, Donald J. Herzog

Reviews

Political theorists are almost always fond of giving each other home- work assignments but not generally fond of completing them. The opening salvo in a promised three-volume campaign to redefine the tasks of political theory, Transforming Political Discourse might seem to invite more weary shrugs. Surely, we have too many manifestos already. Well, yes -but this one, happily, is modest, sensible, and mercifully brief. Better yet, its brevity is positively austere in sketching the metadescription of what the promised land looks like. The argument actually hangs on a series of show-and-tell exercises, which are supposed to be applications of the …

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Morality As Interpretation, Joseph Raz Jan 1991

Morality As Interpretation, Joseph Raz

Faculty Scholarship

With the growing interest in interpretation as an activity essential in the study of the arts and of society it was inevitable that the question of the relation between morality and interpretation would attract considerable interest. Given that moral views and arguments are expressed in language, are essentially language bound, there is no doubt that the understanding of moral views and argument involves, at least at times, interpretation (of arguments and propositions, etc.). The same can be said of physics. The question is whether morality is interpretative in a way in which physics is not. Some writers have claimed that …

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Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran Nov 1990

Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran

Michigan Law Review

This essay advances the hypothesis that aesthetic considerations play a role in the formulation of new legal procedures and the preference for one procedure over another. Of course, other considerations like the social impact of a particular procedure or procedural system, its economic consequences, and its role within existing legal institutions are important, often decisive, factors influencing procedural choice. My argument is simply that additional unarticulated and unrecognized aesthetic considerations also play a role in the procedural reform process. I refer to these elements as "aesthetic" because they focus on the formal qualities of a procedure (simplicity, elegance, coherence, and …

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The Negative Constitution: A Critique, Susan Bandes Aug 1990

The Negative Constitution: A Critique, Susan Bandes

Michigan Law Review

Part I describes the current approach, which demands adherence to the notion of a negative constitution. Part II critiques the assumptions underlying the current approach and demonstrates its undesirable consequences in decisional law. Part III explores the tenacious barriers to recognition of affirmative governmental duties: the constitutional, philosophical, and common law roots of the notion of a negative constitution, as well as the belief that recognizing affirmative duties would be an invitation to chaos. Finally, Part IV proposes discarding the rhetoric of negative rights and suggests an approach for constructing a theory better designed to effectuate constitutional goals.

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"Aliens Are Coming! Drain The Pool", John D. Ayer May 1990

"Aliens Are Coming! Drain The Pool", John D. Ayer

Michigan Law Review

A Review of Doing What Comes Naturally: Change, Rhetoric and the Practice of Theory in Literary and Legal Studies by Stanley Fish. And Law and Literature: A Misunderstood Relation by Richard A. Posner

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Moralistic Liberalism And Legal Moralism, Robert P. George May 1990

Moralistic Liberalism And Legal Moralism, Robert P. George

Michigan Law Review

A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg

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Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler May 1990

Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler

Michigan Law Review

A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton

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Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof May 1990

Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof

Michigan Law Review

A Review of The Fourteenth Amendment: From Political Principle to Judicial Doctrine by William E. Nelson

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The Law's Secrets, Gary T. Marx May 1990

The Law's Secrets, Gary T. Marx

Michigan Law Review

A Review of Legal Secrets: Equality and Efficiency in the Common Law by Kim Lane Scheppele

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The Interpreters, Kenneth L. Karst May 1990

The Interpreters, Kenneth L. Karst

Michigan Law Review

A Review of Justice as Translation: An Essay in Cultural and Legal Criticism by James Boyd White

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Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

Michigan Law Review

A Review of Democracy and Its Critics by Robert A. Dahl

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Can Rights Move Left?, Jeremy Paul May 1990

Can Rights Move Left?, Jeremy Paul

Michigan Law Review

A Review of The Right to Private Property by Jeremy Waldron

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Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane May 1990

Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane

Michigan Law Review

A Review of Happy Slaves: A Critique of Consent Theory by Don Herzog

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Critical Legal Studies, Michael F. Colosi May 1990

Critical Legal Studies, Michael F. Colosi

Michigan Law Review

A Review of Critical Legal Studies by Allan C. Hutchinson

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Women And Contracts: No New Deal, Elizabeth S. Anderson May 1990

Women And Contracts: No New Deal, Elizabeth S. Anderson

Michigan Law Review

A Review of The Sexual Contract by Carole Pateman

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Lawyer's Justice, William A. Edmundson May 1990

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman

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Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten May 1990

Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten

Michigan Law Review

A Review of Evolutionary Jurisprudence: Prospects and Limitations on the Use of Modern Darwinism Throughout the Legal Process by John H. Beckstrom

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Justice, Gender And The Family, Christine A. Pagac May 1990

Justice, Gender And The Family, Christine A. Pagac

Michigan Law Review

A Review of Justice, Gender and the Family by Susan Moller Okin

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Classical Republicanism And The American Revolution, Gordon S. Wood Apr 1990

Classical Republicanism And The American Revolution, Gordon S. Wood

Chicago-Kent Law Review

In his Classical Republicanism and the American Revolution, Professor Wood outlines the evolution of republicanism from antiquity to the eighteenth century and notes the ensuing evolution of American politics away from even this late republicanism.

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The Virtue Of Liberality In American Communal Life, Linda R. Hirshman Apr 1990

The Virtue Of Liberality In American Communal Life, Linda R. Hirshman

Michigan Law Review

This article attacks the barriers to articulation of a theory of the good and advocates discussion of the substance of a good regime, specifically, a good American regime. Part I of this article addresses in some detail the civic republicans' revival of interest in the common life. I propose that it is dauntingly difficult, if not impossible, to articulate a satisfying version of a common life without a theory of the good life, an undertaking traditionally associated with authoritarianism and elitism. Rather than abandoning the enterprise, however, I propose to reopen the assumption that the association automatically rules out any …

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