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Articles 1 - 23 of 23
Full-Text Articles in Natural Law
The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy
The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy
Cardozo Law Review
Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article discusses these …
Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger
Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger
Cardozo Law Review
No abstract provided.
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Cardozo Law Review
No abstract provided.
Lifeless Writings Or Living Script?: The Life Of Law In Plato, Middle Platonism, And Jewish Platonizers, Melissa S. Lane
Lifeless Writings Or Living Script?: The Life Of Law In Plato, Middle Platonism, And Jewish Platonizers, Melissa S. Lane
Cardozo Law Review
No abstract provided.
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
Cardozo Law Review
No abstract provided.
Guilt History: Benjamin's Fragment "Capitalism As Religion", Werner Hamacher
Guilt History: Benjamin's Fragment "Capitalism As Religion", Werner Hamacher
Cardozo Law Review
No abstract provided.
Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen
Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen
Cardozo Law Review
No abstract provided.
Spinoza As Natural Lawyer, Aaron Garrett
Law's Normativity In Spinoza's Naturalism, Otto Pfersmann
Law's Normativity In Spinoza's Naturalism, Otto Pfersmann
Cardozo Law Review
No abstract provided.
Natural Law, Civil Law, And International Law In Spinoza, Manfred Walther
Natural Law, Civil Law, And International Law In Spinoza, Manfred Walther
Cardozo Law Review
No abstract provided.
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht
Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht
Cardozo Law Review
No abstract provided.
Gay Science As Law: An Outline For A Nietzschean Jurisprudence, Jonathan Yovel
Gay Science As Law: An Outline For A Nietzschean Jurisprudence, Jonathan Yovel
Cardozo Law Review
The main question examined in this study is not merely how a Nietzschean critique of law would look had Nietzsche ever applied his genealogical method to the question of law, but also what positive function Nietzschean philosophy may ascribe to law - and how law must then be transformed. The methodological parable imagines a "post-genealogy" or "post-ressentiment" phase of the human condition, akin to the Marxist "post-revolutionary" phase: How would law look for the person of power - overman or otherwise - who needs to live among others? How is normativity possible - what are its forms and …
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Cardozo Law Review
No abstract provided.
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Communicative Power And The Concept Of Law, Ulrich K. Preub
Communicative Power And The Concept Of Law, Ulrich K. Preub
Cardozo Law Review
The idea that the law was founded on the self-interest and the will of rational individuals was first developed and proven in the social contract theories of Hobbes, Locke, and Rousseau. These theorists reacted-admittedly, in extremely different ways-to the problem of finding a collective basis in a world which had lost its common religious fundaments and the economic basis of feudal communal life. The European world of the seventeenth century had fallen apart. The universalism of the catholic world had been replaced by a plurality of subjective worldviews championed by individuals, groups, sects, and new social entities. How could one …
Law's Birth And Antigone's Death: On Ontological And Psychoanalytical Ethics, Costas Douzinas
Law's Birth And Antigone's Death: On Ontological And Psychoanalytical Ethics, Costas Douzinas
Cardozo Law Review
Where is the site of law's emergence? What opens the field of ethicity? Where does the law come from? Is there a ground of emergence of ethics and of obligation, rather is there a being obligated that arises before any obligation, a duty bound that precedes any particular duty? Our inquiry will attempt to trace the "question of law"-of law's origins and of its value, of law's validity and of its force. Does the law come from the burial ground of the primordial Father? Or from the places of the double murder of the Son and the Daughter? Or, finally, …
Comment, Agnes Heller
Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib
Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib
Cardozo Law Review
Roundtable - The Call to the Ethical: Deconstruction, Justice and the Ethical Relationship - Group 1
Revolution - At Night?, Thomas Keenan
Jewish Law And The Noahide Obligation To Preserve Social Order, Nahum Rakover
Jewish Law And The Noahide Obligation To Preserve Social Order, Nahum Rakover
Cardozo Law Review
No abstract provided.
Algorithmic Justice, Alan Wolfe
Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan
Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan
Cardozo Law Review
No abstract provided.