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Articles 3751 - 3780 of 3949
Full-Text Articles in Law and Philosophy
Utilitarianism Reformed, L. W. Sumner
Utilitarianism Reformed, L. W. Sumner
Michigan Law Review
A Review of Utilitarianism and Co-operation by Donald H. Regan
On Justifying Democracy, Michigan Law Review
On Justifying Democracy, Michigan Law Review
Michigan Law Review
A Review of On Justifying Democracy by William N. Nelson
Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz
Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Book Review, Bruce Ledewitz
Book Review, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne
Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Promises In Morality And Law, Joseph Raz
Promises In Morality And Law, Joseph Raz
Faculty Scholarship
J.L. Austin thought that philosophers have much to learn from lawyers and the law. No doubt philosophers and lawyers have a lot to learn from each other wherever their interests intersect. But until now philosophical analysis has done more to elucidate important legal concepts and distinctions than viceversa. P.S. Atiyah's Promises, Morals, and Law may redress this imbalance. In this book, one of today's most accomplished students of the common law examines the nature of promises and the grounds of their binding force. Written in Atiyah's characteristically vigorous and lucid style, the book is a philosophical treatise, but one that …
Utility And Rights, David B. Lyons
Utility And Rights, David B. Lyons
Faculty Scholarship
Two notions concerning the relation of rights to utilitarianism seem widely accepted, by both utilitarians and their critics. The first is that utilitarianism is hostile to the idea of moral rights. The second is that utilitarianism is capable of providing a normative theory about legal and other institutional rights. This chapter chiefly concerns the second thesis, and argues against it. But it also says something about the first. In previous writings I have challenged the first thesis, but here I shall suggest that it is sound. The upshot is that utilitarianism has a great deal of trouble accommodating rights.
Reason And Law, George C. Christie
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
A Theory Of The Good And The Right, Michigan Law Review
A Theory Of The Good And The Right, Michigan Law Review
Michigan Law Review
A Review of A Theory of the Good and the Right by Richard B. Brandt
Balzacian Legality: A Proposal For Natural Law Juridicial Standards Of Legality, Thomas E. Carbonneau
Balzacian Legality: A Proposal For Natural Law Juridicial Standards Of Legality, Thomas E. Carbonneau
Faculty Scholarship
The task of the present article is twofold. First, it represents an attempt to make an original English language contribution to the continuing interdisciplinary inquiry, begun in France, into the presence of law in Balzac's The Human Comedy, by focusing upon themes and novels that have not been the subject of previous individual study. Second, it seeks to contribute to an area of growing interest to legal scholars in the United States – the study of law and literature – by providing an example of the insights one French novelist with legal training and experience had into questions that …
Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers
Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen
Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Book Review Of Furious Fancies: American Political Thought In The Post-Liberal Era, By Philip Abbott, Edward A. Purcell Jr.
Book Review Of Furious Fancies: American Political Thought In The Post-Liberal Era, By Philip Abbott, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Authority And Consent, Joseph Raz
Authority And Consent, Joseph Raz
Faculty Scholarship
My starting point is the assumption that there is no general obligation to obey the law, not even a prima facie obligation and not even in a just society. This assumption is perhaps becoming more popular. In recent years it has been defended by several writers. There is more that needs to be said in its support, but I will not attempt to do so here. Instead, I will reflect on a problem posed by accepting it, a problem concerning the relations between an individual citizen and the state. It is common to think that the state has authority over …
Conflicts Of Law And Morality – Institutions Of Amelioration, Kent Greenawalt
Conflicts Of Law And Morality – Institutions Of Amelioration, Kent Greenawalt
Faculty Scholarship
In his rich, intricate, and wise examination of themes from the Crito, A. D. Woozley explores Socrates' proposal, put in the mouth of the personified laws of Athens, that the duty of a citizen is to obey a law or to persuade society that the law is wrong. If this position is understood to permit disobedience and attempted persuasion after a law is adopted, one of its implications is that on some occasions when people intentionally break the law, those who administer the law may properly decline to impose the stipulated punishment, because they believe that disobedience was justified. Suggesting …
Philosophy And Law: Some Observations On Maccormick's Legal Reasoning And Legal Theory, Patricia D. White
Philosophy And Law: Some Observations On Maccormick's Legal Reasoning And Legal Theory, Patricia D. White
Michigan Law Review
A review of Legal Reasoning and Legal Theory by Neil MacCormick
Desert And Deterrence: An Evaluation Of The Moral Bases For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Evaluation Of The Moral Bases For Capital Punishment, Richard O. Lempert
Book Chapters
Because the death penalty was so influential in its development, the law of homicide cannot be thoroughly understood without considering the subject of capital punishment. The question of whether or not the State is justified in taking an offender's life has for centuries been fraught with controversy. Moreover, the law on the subject has become enormously complicated as the courts have attempted to assure that the death penalty is fairly administered.
Rejoinders To Hart On Rules And Rights, Stanley L. Paulson
Rejoinders To Hart On Rules And Rights, Stanley L. Paulson
Michigan Law Review
A Review of Law, Morality, and Society: Essays in Honour of H.L.A. Hart by P.M.S. Hacker and J. Raz
Lying: Moral Choice In Public And Private Life, Michigan Law Review
Lying: Moral Choice In Public And Private Life, Michigan Law Review
Michigan Law Review
A Review of Lying: Moral Choice in Public and Private Life by Sissela Bok
A Review Of A Case Against Blaise Pascal And His Heirs, David A. Schum
A Review Of A Case Against Blaise Pascal And His Heirs, David A. Schum
Michigan Law Review
A Review of The Probable and the Provable by L. Jonathan Cohen
Private Standing And Public Values, Michael Boudin
Private Standing And Public Values, Michael Boudin
Michigan Law Review
A Review of Legal Identity: The Coming of Age of Public Law by Joseph Vining
Persons And Consequences: Observations On Fried's Right And Wrong, Stephen R. Munzer
Persons And Consequences: Observations On Fried's Right And Wrong, Stephen R. Munzer
Michigan Law Review
A Review of Right and Wrong by charles Fried
Philosophical Perspectives On Affirmative Action, Kenneth W. Simons
Philosophical Perspectives On Affirmative Action, Kenneth W. Simons
Michigan Law Review
A Review of Equality and Preferential Treatment: A Philosophy & Public Affairs Reader edited by Marshall Cohen, Thomas Nagel, and Thomas Scanlon
One Philosophy For An American Revolution, Paul K. Conkin
One Philosophy For An American Revolution, Paul K. Conkin
Michigan Law Review
A Review of The Philosophy of the American Revolution by Morton White
Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley
Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley
Michigan Law Review
A Review of Law and Society in Transition: Toward Responsive Law by Philippe Nonet and Philip Selznick
Book Review: A Theory Of Criminal Justice, James R. Elkins
Book Review: A Theory Of Criminal Justice, James R. Elkins
West Virginia Law Review
No abstract provided.
The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz
The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.