Law and Philosophy Commons^™

Law, Morality, And The Relations Of States, Michigan Law Review

Michigan Law Review

A Review of Law, Morality, and the Relations of States by Terry Nardin

America's Unwritten Constitution: Science, Religion, And Political Responsibility, Michigan Law Review

Michigan Law Review

A Review of America's Unwritten Constitution: Science, Religion, and Political Responsibility by Don K. Price

Blame The Messenger: Summers On Fuller, Paul A. Lebel

Michigan Law Review

A Review of Lon L. Fuller by Robert S. Summers

The Morality Of Obedience, Joseph Raz

Michigan Law Review

A Review of A Theory of Law by Philip Soper

Sources Of Law, Legal Change, And Ambiguity, Michigan Law Review

Michigan Law Review

A Review of Sources of Law, Legal Change, and Ambiguity by Alan Watson

Passion: An Essay On Personality, Michigan Law Review

Michigan Law Review

A Review of Passion: An Essay on Personality by Roberto Mangabeira Unger

The Dilemmas Of Individualism: Status, Liberty, And American Constitutional Law, Michigan Law Review

Michigan Law Review

A Review of The Dilemmas of Individualism: Status, Liberty, and American Constitutional Law by Michael J. Phillips

Confession Law Isn't Necessary, Bruce Ledewitz

Ledewitz Papers

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

The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz

Ledewitz Papers

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

Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz

Ledewitz Papers

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

Interest Analysis As The Preferred Approach To Choice Of Law: A Response To Professor Brilmayer's "Foundational Attack", Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

The City Of Babel: Ancient & Modern, Raymond B. Marcin

Scholarly Articles

No abstract provided.

A Matter Of Principle, 19 J. Marshall L. Rev. 237 (1985), Donald L. Beschle

UIC Law Review

No abstract provided.

Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Paradoxes In Legal Thought, George P. Fletcher

Faculty Scholarship

Traditional legal thought has generated few anomalies, antinomies, and paradoxes. These factual and logical tensions arise only when theorists press for a complete and comprehensive body of thought. Discrete, unconnected solutions to problems and particularized precedents spare us the logical tensions that have troubled scientific inquiry.

Anomalies arise from data that do not fit the prevailing scientific theory. Paradoxes and antinomies, on the other hand, reflect problems of logical rather than factual consistency. To follow Quine's definitions, paradoxes are contradictions that result from overlooking an accepted canon of consistent thought. They are resolved by pointing to the fallacy that generates …

Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White

Articles

In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …

The Use Of Statistical Evidence Of Identification In Civil Litigation: Well-Worn Hypotheticals, Real Cases, And Controversy., James Brook

Articles & Chapters

The process of forensic proof, like many decision making procedures, is a complex admixture of questions, some of which are easy and some of which are hard. What is curious, however, is that in law, un-like most other fields of endeavor in which fact finding is crucial, the incorporation of data in quantitative rather than qualitative form apparently is thought to make the decisions not easier, but more difficult. To be sure, numerical evidence and analysis is not unknown in the law,! but in the minds of many courts and individuals the possibility of "trial by the numbers" is greeted …

On Preferences And Promises: A Response To Harsanyi, Donald H. Regan

Articles

John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I could …

Book Review Of The Structure And Process Of International Law: Essays In Legal Philosophy Doctrine And Theory, Anthony D'Amato

Journal of Legal Education

No abstract provided.

Who Did In The Democrats?, Bruce Ledewitz

Ledewitz Papers

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

An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz

Ledewitz Papers

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

Retributivism And Justice, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Socialism And Federation, John N. Hazard

Michigan Law Review

Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.

Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp

Michigan Law Review

The history of federations is both long and short. It is long in that the federation originated with the Swiss Confederation, which dates back to the 1291 defense confederacy of the cantons of Uri, Schwyz and Unterwalden; it is short because the second federation in world history, one that has become a model for many others, did not come into being until almost five centuries later in America.

In Search Of A Free Speech Principle, Mark G. Yudof

Michigan Law Review

A Review of Free Speech: A Philosophical Enquiry by Frederick Schauer

How Radical Is Liberalism?, Virginia L. Warren

Michigan Law Review

A Review of Justice, Equal Opportunity, and the Family by James S. Fishkin

Injustice, Inequality And Ethics, Michigan Law Review

Michigan Law Review

A Review of Injustice, Inequality, and Ethics by Robin Barrow

Founders And Foundations Of Legal Positivism, David Lyons

Michigan Law Review

A Review of Essays on Bentham: Studies In Jurisprudence and Political Theory by H.L.A. Hart, and John Austin by W.L. Morison

Defending Equality: A View From The Cave, James S. Fishkin

Michigan Law Review

A Review of Spheres of Justice: A Defense of Pluralism and Equality by Michael Walzer

Intuition And Security In Moral Philosophy, Stephen R. Munzer

Michigan Law Review

A Review of Moral Thinking: Its Levels, Method, and Point by R.M. Hare