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Articles 1 - 13 of 13
Full-Text Articles in Natural Law
Revisiting The Waste Land: What The Thunder Is Saying, Walter Coppedge
Revisiting The Waste Land: What The Thunder Is Saying, Walter Coppedge
Natural Resources Journal
No abstract provided.
Forging A New State-Federal Alliance In Water Management, Stephen S. Light, John R. Wodraska
Forging A New State-Federal Alliance In Water Management, Stephen S. Light, John R. Wodraska
Natural Resources Journal
No abstract provided.
Algorithmic Justice, Alan Wolfe
Police And Regulatory Power Vs. Pecuniary Interests: The Bankrupt Hazardous Waste Site Owner Faces The Music. United States V. Nicolet, Inc., 857 F.2d 202 (3d Cir.1988), Douglas L. Hayes
Natural Resources Journal
No abstract provided.
Citzen Enforcement Of Clean Water Act Violations; The Supreme Court Steers A New Course Over Muddied Waters; Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation, Inc., Sergio J. Viscoli
Natural Resources Journal
No abstract provided.
In Re Rights To Use Water In The Big Horn River 753 P.2d 76 (Wyo. 1988), Peg Rogers
In Re Rights To Use Water In The Big Horn River 753 P.2d 76 (Wyo. 1988), Peg Rogers
Natural Resources Journal
No abstract provided.
Concluding Reflections, John M. Finnis
Concluding Reflections, John M. Finnis
Journal Articles
A symposium to which one person contributes three extended papers is no unmixed pleasure for readers. This third contribution of mine will interest only those curious to see my response to other symposiasts' comments on my earlier efforts (in the symposium and elsewhere). To enable this curiosity to be satisfied as costlessly as possible, I divide these concluding reflections by authors rather than themes, though with priorities suggested by themes rather than authors.
The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr
The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr
Faculty Works
The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …
Schneidewind V. Anr Pipeline 485 U.S. 293 (1988), Peter Wirth
Schneidewind V. Anr Pipeline 485 U.S. 293 (1988), Peter Wirth
Natural Resources Journal
No abstract provided.
Whose Nature? Practical Reason And Patriarchy, Lynne N. Henderson
Whose Nature? Practical Reason And Patriarchy, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón
International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón
Scholarly Publications
In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …
Natural Law And Legal Reasoning, John M. Finnis
Natural Law And Legal Reasoning, John M. Finnis
Journal Articles
Much academic theory about legal reasoning greatly exaggerates the extent to which reason can settle what is greater good or lesser evil, and minimizes the need for authoritative sources which, so far as they are clear and respect the few absolute moral rights and duties, are to be respected as the only rational basis for judicial reasoning and decision, in relation to the countless issues which do not directly involve those absolute rights and duties. A natural law theory in the classical tradition makes no pretense that natural reason can determine the one right answer to those countless questions which …
Allocating Risks And Suffering: Some Hidden Traps, John M. Finnis
Allocating Risks And Suffering: Some Hidden Traps, John M. Finnis
Journal Articles
The economic analysis of which Adam Smith is a principal founder is helpful in practical reasoning about problems of justice precisely insofar as it systematically calls attention to the side-effects of individual choices and actions and behavior. Still, it would be a mistake to conclude that we need only a more adequate account of the benefits and burdens up for distribution or allocation by those responsible for the common good or general fate. We need also to bear in mind what Smith did not forget and what economics does not comprehend, the requirements of commutative justice. To see this, we …