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Yeshiva University, Cardozo School of Law

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Articles 211 - 240 of 421

Full-Text Articles in Legal History

The Jew As Translator In Soviet Russia, Harriet Murav May 2005

The Jew As Translator In Soviet Russia, Harriet Murav

Cardozo Law Review

No abstract provided.


Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann Feb 2005

Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann

Cardozo Law Review

No abstract provided.


Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen Feb 2005

Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen

Cardozo Law Review

No abstract provided.


Malaise In Thesis Viii, Alain Brossat, Maria Muhle Feb 2005

Malaise In Thesis Viii, Alain Brossat, Maria Muhle

Cardozo Law Review

No abstract provided.


Guilt History: Benjamin's Fragment "Capitalism As Religion", Werner Hamacher Feb 2005

Guilt History: Benjamin's Fragment "Capitalism As Religion", Werner Hamacher

Cardozo Law Review

No abstract provided.


Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski Feb 2005

Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski

Cardozo Law Review

No abstract provided.


Census, Dirk Baecker Feb 2005

Census, Dirk Baecker

Cardozo Law Review

No abstract provided.


Doubtful Sex In Civil Law: Nineteenth And Early Twentieth Century Proposals For Ruling Hermaphroditism, Geertje Mak Jan 2005

Doubtful Sex In Civil Law: Nineteenth And Early Twentieth Century Proposals For Ruling Hermaphroditism, Geertje Mak

Cardozo Journal of Equal Rights & Social Justice

The article examines 19th and early 20th-century proposals in France and Germany to introduce a "doubtful sex" category in civil law to address hermaphroditism. While French scholars focused on moral and social order, Germans emphasized humanitarian concerns, ultimately leading to increased medical control over sex determination.


Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher Jan 2005

Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Abandoning Recess Appointments?: A Comment On Hartnett (And Others), Michael Herz Jan 2005

Abandoning Recess Appointments?: A Comment On Hartnett (And Others), Michael Herz

Cardozo Law Review

No abstract provided.


On Commonplace Punishment Theory, Kyron J. Huigens Jan 2005

On Commonplace Punishment Theory, Kyron J. Huigens

Articles

No abstract provided.


Hegel's Logic Of Freedom, William Maker Dec 2004

Hegel's Logic Of Freedom, William Maker

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's conception of logic as a system where freedom is both the method and the content, enabling the achievement of absolute truth. It argues that Hegel's logic is not merely a formal exercise but is deeply rooted in content, leading to the realization of truth as freedom.


Why Hegel's Concept Is Not The Essence Of Things, Stephen Houlgate Dec 2004

Why Hegel's Concept Is Not The Essence Of Things, Stephen Houlgate

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's philosophical framework, emphasizing the transition from being and essence to the concept, where the concept represents self-determining being. Hegel's Logic is both a structure of thought and an ontology, illustrating how being evolves through stages such as becoming, quantity, and substance, culminating in the concept. The concept is not a static category but a dynamic, self-sustaining process that encompasses being and essence without being reducible to either. It is immanent in nature, challenging notions of a separate, higher reality.


History, Concepts, And Normativity In Hegel, Dario Perinetti Dec 2004

History, Concepts, And Normativity In Hegel, Dario Perinetti

Cardozo Public Law, Policy & Ethics Journal

The article challenges the perception of Hegel's originality in linking history and logic, arguing that this connection was a common endeavor in the 18th century. It situates Hegel's work within a broader historical context, emphasizing that his contribution lies in his unique conceptual history, which describes how concepts acquire meaning through inferential relations rather than naturalistic or psychological processes. The analysis highlights Hegel's departure from Kant and others, asserting that his logic is both descriptive and normative, offering a non-referential theory of concepts that emphasizes their role in generating logical space.


The One And The Concept: On Hegel's Reading Of Plato's Parmenides, Allegra De Laurentiis Dec 2004

The One And The Concept: On Hegel's Reading Of Plato's Parmenides, Allegra De Laurentiis

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Cognition And Finite Spirit, John W. Burbidge Dec 2004

Cognition And Finite Spirit, John W. Burbidge

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Hegel's Science Of Logic In An Analytic Mode, Clark Butler Dec 2004

Hegel's Science Of Logic In An Analytic Mode, Clark Butler

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson Dec 2004

Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The Concept And Its Double: Power And Powerlessness In Hegel's Subjective Logic, Lain Macdonald Dec 2004

The Concept And Its Double: Power And Powerlessness In Hegel's Subjective Logic, Lain Macdonald

Cardozo Public Law, Policy & Ethics Journal

The article explores the duality of power and powerlessness in Hegel's Subjective Logic, highlighting the tension between the Concept's absolute power and its susceptibility to powerlessness. Hegel portrays the Concept as an infinitely powerful force that unifies diversity through self-related negativity, yet acknowledges that reason can be powerless when fixated on determinate concepts, leading to one-sidedness. This duality suggests that while reason has the capacity for self-correction, it perpetually confronts the challenge of abstraction and determinateness.


Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni Dec 2004

Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace Dec 2004

Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo Dec 2004

The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo

Cardozo Public Law, Policy & Ethics Journal

The article examines the conclusion of Hegel's Wissenschaft der Logik, focusing on the transition from the absolute idea to the absolute method. It argues that the absolute method is not merely the culmination of the logical process but is essential for establishing the speculative science of logic, which underpins Hegel's philosophical system. The absolute method rescues the logical development from non-dialectical thinking, providing a synoptic reconstruction that justifies the necessity of the system and leads to Realphilosophie.


The More Things Change The More They Stay The Same: Mr. Tutt And The Distrust Of Lawyers In The Early Twentieth Century, Molly A. Guptill Dec 2004

The More Things Change The More They Stay The Same: Mr. Tutt And The Distrust Of Lawyers In The Early Twentieth Century, Molly A. Guptill

Cardozo Public Law, Policy & Ethics Journal

The note explores the intersection of public perception, legal ethics, and professional identity in the twentieth century, focusing on how Arthur Train's fictional character, Ephraim Tutt, influenced both the public's idealized view of lawyers and the legal profession's response to declining prestige. Train's portrayal of Tutt, a nostalgic archetype of the nineteenth-century country lawyer, highlighted the tension between the profession's modernization and the public's longing for a bygone era of ethical integrity. This duality spurred discussions on legal reform and the evolution of ethical standards, as the profession sought to bridge the gap between myth and reality.


Why Are There Four Hegelian Judgments?, David G. Carlson Dec 2004

Why Are There Four Hegelian Judgments?, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

The article explores why Hegel's philosophy, typically structured in triads, includes four judgments instead of three. It argues that the four judgments—existence, reflection, necessity, and notion—are necessary to account for the external reflection or "silent fourth," a hidden element influencing the system. This structure deviates from Hegel's usual triadic approach to incorporate an essential mediator, crucial for his logical framework.


The Emerging Section 1983 Private Party Defense, Sheldon Nahmod Nov 2004

The Emerging Section 1983 Private Party Defense, Sheldon Nahmod

Cardozo Law Review

No abstract provided.


Stick Houses In Peshawbestown, Matthew L. M. Fletcher May 2004

Stick Houses In Peshawbestown, Matthew L. M. Fletcher

Cardozo Public Law, Policy & Ethics Journal

The article examines the legal and historical challenges faced by Native American tribes, particularly the Grand Traverse Band of Ottawa and Chippewa Indians, in asserting their sovereignty and rights. It highlights the federal government's role in undermining tribal autonomy through coercive policies, such as forced sterilization and disenrollment, while also exploring the tension between tribal sovereignty and state jurisdiction. The analysis emphasizes the importance of federal recognition and the ongoing struggles for self-governance, cultural preservation, and economic stability in Native American communities.


American Slavery: The Complete Story, Gerald A. Foster May 2004

American Slavery: The Complete Story, Gerald A. Foster

Cardozo Public Law, Policy & Ethics Journal

The article "American Slavery: The Complete Story" by Gerald A. Foster argues that slavery is a pivotal and enduring element of American history, with its effects still evident today. It emphasizes the need for a more accurate and inclusive historical education, highlighting how race was used to justify slavery and the ongoing impacts of this legacy on modern society. The author advocates for a revised curriculum that acknowledges the true nature of slavery and its contributions to systemic racism.


Chuck And Steve's Peccadillo, James J. White Apr 2004

Chuck And Steve's Peccadillo, James J. White

Cardozo Law Review

No abstract provided.


Reading The Fossil Record: A New Look At Old Law, Elliot Gardner Feb 2004

Reading The Fossil Record: A New Look At Old Law, Elliot Gardner

Cardozo Law Review

No abstract provided.


State Law Tort Claims And The Fda: Proposing A Consumer-Oriented Prescription In Medical Device Cases, Sasha B. Rieders Feb 2004

State Law Tort Claims And The Fda: Proposing A Consumer-Oriented Prescription In Medical Device Cases, Sasha B. Rieders

Cardozo Law Review

No abstract provided.