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Full-Text Articles in Natural Law

The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy Aug 2019

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 Oct 2014

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 Feb 2013

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 Feb 2013

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 Oct 2007

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 Feb 2005

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 Feb 2005

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

Cardozo Law Review

No abstract provided.


Spinoza As Natural Lawyer, Aaron Garrett Dec 2003

Spinoza As Natural Lawyer, Aaron Garrett

Cardozo Law Review

No abstract provided.


Law's Normativity In Spinoza's Naturalism, Otto Pfersmann Dec 2003

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 Dec 2003

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 Dec 2003

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 Mar 2003

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 Jan 2003

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 Jan 2003

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 May 1999

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 Mar 1996

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 Jan 1995

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 Jan 1993

Comment, Agnes Heller

Cardozo Law Review

No abstract provided.


Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib Dec 1991

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 Dec 1991

Revolution - At Night?, Thomas Keenan

Cardozo Law Review

No abstract provided.


Jewish Law And The Noahide Obligation To Preserve Social Order, Nahum Rakover Feb 1991

Jewish Law And The Noahide Obligation To Preserve Social Order, Nahum Rakover

Cardozo Law Review

No abstract provided.


Algorithmic Justice, Alan Wolfe Jul 1990

Algorithmic Justice, Alan Wolfe

Cardozo Law Review

No abstract provided.


Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan Dec 1989

Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan

Cardozo Law Review

No abstract provided.