Law and Philosophy Commons^™

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

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

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Bull Durham And The Uses Of Theory, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Selected Topics In Tort Law, Sheila L. Birnbaum, Robert Keeton, Richard Delgado, Deborah R. Hensler

University of Richmond Law Review Symposium

This speaker series took place over several days during the Spring semester of 1990.

"The Special Problems of Causation in Toxic Tort Cases" lecture given by Sheila L. Birnbaum, Partner in the New York City firm Skadden, Arps, Slate, Meagher, & Flom. (Tuesday, January 23, 1990)

"Damage Recovery in Toxic Tort Suits" lecture given by Sheila L. Binbaum, Partner in the New York City firm Skadden, Arps, Slate, Meagher, & Flom. (Tuesday, January 30, 1990)

"Methods and Roles in Tort Lawmaking" lecture given by The Honorable Robert Keeton, Langdell Professor Emeritus at Harvard Law School, U.S. District Court Judge for …

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

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

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

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

Translation, Interpretation, And The Law, James Boyd White

Book Chapters

As my title suggests I wish here to elaborate some connections among the practices we know as translation, interpretation, and law.

The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Publications

No abstract provided.

"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag

Publications

No abstract provided.

Virtues And Voices, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation as a society and as scholars to attend to excluded voices. The juxtaposition of these two themes offers an …

Liberalism Republicanism And The Abortion Controversy, Gary C. Leedes

Law Faculty Publications

This article considers the abortion controversy in the context of intellectual history and political theory. It does not analyze the Supreme Court's recent abortion cases, rely upon formal legal reasoning, or predict how the Court will decide any cases currently pending on its docket. Instead, it examines the Court's current options in light of the intersecting and pliable traditions of liberalism and republicanism. ...

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part Ii, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …

Reasons, Authority, And The Meaning Of 'Obey': Further Thoughts On Raz And Obedience To Law, Donald H. Regan

Articles

I recently published a long article' discussing a variety of topics from Joseph Raz's The Morality of Freedom.2 The article was part of a symposium on Raz's work in the Southern California Law Review. Raz responded' to the articles in that symposium, including my own. From a perspective which surveys the whole range of views on political philosophy, Raz's view and mine look very similar. Even so, we find many things to disagree about, which neither of us would regard as merely matters of detail. For the most part, we at least share a common understanding of our disagreements. But …

Probing Bork's Judicial Philosophy, Gerard V. Bradley

Journal Articles

Robert Bork: The Tempting of America. (New York: The Free Press, 1989. Pp. xiv, 432. $22.50.)

In the last third of The Tempting of America Robert Bork relives the painful ordeal of his lost nomination to the Supreme Court. Any sentient American then alive already knows that story: the campaign against him was full of half-truths, distortions, and just plain lies. Bork adds some confirming anecdotes, and I congratulate him for telling the tale candidly but without rancor. The loss is ours. In my opinion, Bork would have been among the two or three greatest justices of the last …

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …

Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz

Ledewitz Papers

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

Contract Law, Default Rules, And The Philosophy Of Promising, Richard Craswell

Michigan Law Review

Among the topics addressed by moral philosophy is the obligation to keep one's promises. To many philosophers, there is something strange (or, at least, something calling for explanatie1n) in the idea that moral obligations can be created simply by an individual's saying so yet this is what seems to happen when a person makes a promise. Consequently, there is by now a large body of literature attempting to identify the exact source and nature of this moral obligation.

Part I of this article presents a more detailed survey of recent philosophical writings about promises, for the benefit of legal readers …

The Constitution's Accommodation Of Social Change, Philip A. Hamburger

Michigan Law Review

Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law - text and interpretation - to accommodate such developments?

The effect of social change upon constitutional law was an issue the framers and ratifiers frequently discussed. For example, when AntiFederalists complained of the Constitution's failure to protect the jury trial in civil cases, Federalists responded that a change of circumstances might, …

Book Review Of Abortion And Divorce In Western Law, Joan M. Krauskopf

Journal of Legal Education

No abstract provided.

Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz

Ledewitz Papers

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

Debating A Paralyzing Objectivity, Bruce Ledewitz

Ledewitz Papers

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

The Right To Disobey, Joel Feinberg

Michigan Law Review

A Review of Conflicts of Law and Morality by Kent Greenwalt

Introducing Criminal Law, Stephen J. Morse

Michigan Law Review

A Review of Bad Acts and Guilty Minds: Conundrums of the Criminal Law by Leo Katz, and Crime, Guilt, and Punishment: A Philosophical Introduction by C.L. Ten

Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz

Ledewitz Papers

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

Abolition Then And Now, Bruce Ledewitz

Ledewitz Papers

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

Work On A Labor Theory Of Meaning, Kenneth Casebeer

Cardozo Law Review

No abstract provided.

Introduction, Michael A. Simon

Cardozo Law Review

No abstract provided.