Law and Philosophy Commons^™

Is The Death Penalty Good For Us?, Bruce Ledewitz

Ledewitz Papers

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

To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz

Ledewitz Papers

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

Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn

Articles & Book Chapters

There is probably no concept which is used more widely and with less precision than that of 'social control'. Given the lack of agreement about what 'social control' is, researchers usually employ the term in one of two ways. Either they assume that its meaning is obvious and requires no clarification, or, they begin with a perfunctory acknowledgment of the definitional problems associated with the concept and proceed to use it anyway. The eclecticism of the latter approach has stimulated attempts over the years to produce a universally applicable definition of 'social control' that could be empioyed both systematically and …

The Rule Of Recognition And The Constitution, Kent Greenawalt

Faculty Scholarship

This essay is about ultimate standards of law in the United States. Not surprisingly, our federal Constitution figures prominently in any account of our ultimate standards of law, and a discussion of its place is an apt jurisprudential endeavor for the bicentennial of the constitutional convention. Although in passing I offer some comments on constitutional principles, this essay is not about how the Constitution, or indeed other legal materials, should be understood and interpreted. Rather, it attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of law.

Holmes And Brandeis: Libertarian And Republican Justifications For Free Speech, Pnina Lahav

Faculty Scholarship

Writing The Name of the Rose, observed Umberto Eco, made him aware of the "echoes of intertextuality." He discovered what "Homer, Rabelais and Cervantes have always known: . . .books always speak of other books, and every story tells a story that has already been told."' The same applies to political and legal theories: they weave the past into the present. Thus, in articulating justifications for freedom of speech, one may look to modern works such as Milton or John Stuart Mill, or one may reach farther back to Aristotle, Plato or Pericles. The choice of intellectual sources as …

The Dialogue Of Heart And Head, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

The Rhetoric Of The Anti-Progressive Income Tax Movement: A Typical Male Reaction, Marjorie E. Kornhauser

Michigan Law Review

This article examines the arguments against progressivity and the supporting philosophic premises behind the mask of rhetoric. It neither treats exhaustively nor demolishes the legitimacy of the arguments or the underlying philosophy. Part I briefly summarizes the major arguments against progressivity. Part II examines the economic argument, its underlying assumptions, and its limitations. Part III examines the neoconservative philosophy which underlies the justification for a flat tax and contrasts it with an alternative feminist vision of people and society, which provides strong justification for progressive taxation.

Part IV concludes that there is a strong case for progressive taxation based not …

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …

Challenge To The First Amendment, Bruce Ledewitz

Ledewitz Papers

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

Problems In The Application Of Political Philosophy To Law, Christopher T. Wonnell

Michigan Law Review

There are at least four reasons why one might expect differences between the philosophies one would want to serve the pure normative philosophy function and the applied political philosophy function. The problems of rationalization and limited knowledge suggest that sincere commitment to and successful application of a philosophy cannot be equated; the problems of attraction of the insincere and the lack of institutional checks on the abuse of philosophical concepts suggest that even a sincere commitment may not remain stable.

The remainder of this article seeks to substantiate the thesis that modern political philosophies suffer from insufficient attention to the …

The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz

Ledewitz Papers

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

A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz

Ledewitz Papers

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

Law And Social Science, Richard D. Schwartz

Michigan Law Review

A Review of An Invitation to Law and Social Science: Desert, Disputes, and Distribution by Richard Lempert and Joseph Sanders

Law. Liberalism And Free Speech, M. Sean Laane

Michigan Law Review

A Review of Law, Liberalism and Free Speech by D.F.B. Tucker

The Jurisprudence Of Reasons, Frederick Schauer

Michigan Law Review

A Review of Law's Empire by Ronald Dworkin

Arguing About Rights, Charles M. Yablon

Michigan Law Review

A Review of by Rex Martin

Law And Rhetoric, Richard H. Weisberg

Michigan Law Review

A Review of Heracles' Bow: Essays on the Rhetoric and Poetics of the Law by James Boyd White

Legal Theory And Common Law, Robert R. Morse Jr.

Michigan Law Review

A Review of Legal Theory and Common Law edited by William Twining

The Moral Dimensions Of Politics, Steven G. Bradbury

Michigan Law Review

A Review of The Moral Dimensions of Politics by Richard J. Regan

Legal Realism At Yale, 1927-1960, Karin M. Wentz

Michigan Law Review

A Review of Legal Realism at Yale, 1927-1960 by Laura Kalman

Efficiency, Morality, And Rights: The Significance Of Cleaning Up, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

The Rule Of Recognition And The Constitution, Kent Greenawalt

Michigan Law Review

This essay is about ultimate standards of law in the United States. Not surprisingly, our federal Constitution figures prominently in any account of our ultimate standards of law, and a discussion of its place is an apt jurisprudential endeavor for the bicentennial of the constitutional convention. Although in passing I offer some comments on constitutional principles, this essay is not about how the Constitution, or indeed other legal materials, should be understood and interpreted. Rather, it attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of law.

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Ledewitz Papers

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

The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

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

Adolescent Confidentiality And Family Privacy, 20 J. Marshall L. Rev. 641 (1987), Ferdinand Schoeman

UIC Law Review

No abstract provided.

The Autonomy Of Law: Two Visions Compared, Richard O. Lempert

Book Chapters

During the past decade the effort to understand the place of the legal system in society has, in England and America, given rise to a renewed interest in the possibility of legal autonomy (Thompson, 1975; Balbus, 1973; 1977; Trubek, 1977). More recently, on the continent of Europe, especially in Germany, scholars have focused on an apparently radical form of autonomy — embodied in the idea of an autopoietic system — in an effort to understand how law functions (Luhmann, 1985 d; Teubner, 1984). These two approaches to understanding the legal system paint pictures that have much in common, but they …

Wrongful Life And The Problem Of Euthanasia, 23 Gonz. L. Rev. 573 (1987), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Concept Of Brain Life: Shifting The Abortion Standard Without Imposing Religious Values, 25 Duq. L. Rev. 471 (1987), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.

In A Manner Of Speaking: Towards A Reconstitution Of Property In Mid-Nineteenth Century Quebec, Tom Johnson

Articles & Book Chapters

The author studies the Report of the 1843 Commission appointed to inquire into seigniorial tenure. The contrast with a previous report written in 1836 is striking and the author investigates the rupture in contemporary discourse which in less than a decade led to an official recommendation to abandon the seigniorial system. Of particular interest to the author is the way in which the 1843 Commission interpreted the answers to questionnaires it had sent to seigniors, censitaires, entrepreneurs and other interested parties. The author demonstrates how the information received by the Commission, especially from the censitaires, was recategorized with a view …

The Use Of Evolution Theory In Law, M. B. W. Sinclair

Articles by Maurer Faculty

No abstract provided.