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Articles 1 - 14 of 14
Full-Text Articles in Natural Law
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Cobalt's Climate Paradox: Global Ambitions For A Greener Future Rely On Blood-Stained Hands, Ashleigh Wootton
Cobalt's Climate Paradox: Global Ambitions For A Greener Future Rely On Blood-Stained Hands, Ashleigh Wootton
Natural Resources Journal
The global effort to mitigate climate change increasingly relies on widespread electrification, with lithium-ion batteries at its core and the key minerals required for their production concentrated in countries uniquely vulnerable to exploitation. Lithium-ion battery production relies heavily on cobalt, a critical mineral primarily sourced from the Democratic Republic of the Congo (DRC), which supplies approximately 70 percent of the world’s cobalt. As demand for cobalt is projected to rise sharply, the DRC has become indispensable to the global clean energy transition. Cobalt extraction in the DRC is closely linked to severe human rights abuses, including forced labor, child labor, …
Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon
Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon
Seattle University Law Review
In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.
Opus As The Core Of Property, Adam J. Macleod
Opus As The Core Of Property, Adam J. Macleod
Faculty Articles
No account of property law can achieve a comprehensive understanding without factoring in natural rights. Professor Eric Claeys's new book offers a significant contribution to contemporary property theory by setting out the most comprehensive and defensible theory of natural property rights to appear in a long time. Claeys describes the function of property as productive work. Intentional planning, purposeful effort, and creative ordering enable people to achieve lives of flourishing. And, as Claeys demonstrates in careful detail, the various norms and institutions of property law make possible those exercises of practical reason and the flourishing that results from them. Natural …
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Book Chapters
'To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals.' This was Telford Taylor, beginning the presentation of the 'Medical Case' at the Nuremberg Trials after the Second World War. The 'Medical Case' was not about genocide or war or the conduct of war. It was about experimentation on human beings; and it was this trial that produced the 'Nuremberg Code', the first control of such treatment of human beings by one another. The word 'individual' came naturally to Taylor the lawyer as a starting point, and with …
Animal Ethics And The Law, Bernard Rollin
Animal Ethics And The Law, Bernard Rollin
Michigan Law Review First Impressions
Everyone reading this Article is doubtless aware of the woeful lack of legal protection for farm animals in the United States. Not only do the laws fail to assure even a minimally decent life for the majority of these animals, they do not provide protection against the most egregious treatment. As both a philosopher who has helped articulate new emerging societal ethics for animals, and as one who has successfully developed laws embodying that ethic—notably the 1985 federal laws protecting laboratory animals—I will stress the direction we need to move in the future to enfranchise farm animals. I have seen …
Reason, Revelation, Universality And Particularity In Ethics, John M. Finnis
Reason, Revelation, Universality And Particularity In Ethics, John M. Finnis
Journal Articles
This address to a philosophical conference on truth and faith in ethics engages in an extended critique of the account of truth in Bernard Williams, Truth and Truthfulness: an essay in genealogy (Princeton University Press, 2002). For any jurisprudential, moral or political theory that affirms natural law needs to respond first to sceptical denials that reason can discover any truths about what ends all human individuals or groups ought to pursue. But any such theory also needs to make clear how it differs from, even when it coincides in moral judgment with, bodies of moral teaching self-identified as part of …
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, …
Morality And Legal Reasoning, Gerard V. Bradley
Morality And Legal Reasoning, Gerard V. Bradley
Journal Articles
Natural law has been derided by several generations of intellectuals as "nonsense on stilts" (Bentham) or a "brooding omni- presence in the sky" (Holmes). Nevertheless, the idea refuses to go away. For a long time natural law theory was the preserve of neo- Scholastic theologians and philosophers in Roman Catholic universities and seminaries. In a nice bit of irony, however, just as Catholic institutions have begun to secularize by adopting the norms and standards of prominent institutions such as Harvard, Oxford, and Princeton, defenders of natural law theory have suddenly popped up at just these establishments. Fully equipped with the …
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.
Legal Enforcement Of "Duties To Oneself": Kant Vs. Neo-Kantians, John M. Finnis
Legal Enforcement Of "Duties To Oneself": Kant Vs. Neo-Kantians, John M. Finnis
Journal Articles
This Article considers writings by modern scholars including Rawls, Dworkin, and D.A.J. Richards on the topic of Kant's discussion of the neutrality principle and the harm principle.
The "Natural Law Tradition", John M. Finnis
The "Natural Law Tradition", John M. Finnis
Journal Articles
This "tradition of natural law theory" has three main features: First, critique and rejection of ethical scepticism, dogmatism and conventionalism; Second, clarification of the methodology of descriptive and explanatory social theories (e.g., political science, economics, jurisprudence .... ); Third, critique and rejection of aggregative conceptions of the right and the just (e.g., consequentialism, utilitarianism, wealth-maximization, "proportionalism"...).
Natural Law And The "Is"-"Ought" Question: An Invitation To Professor Veatch, John M. Finnis
Natural Law And The "Is"-"Ought" Question: An Invitation To Professor Veatch, John M. Finnis
Journal Articles
This Article invites Professor Henry Veatch to consider some of Finnis' previous work. Finnis asserts that his work presents "serious questions" for those who interpret Aristotle and Acquinas in the way the Veatch does and invites Veatch to respond.
Human Rights Bibliography, Igor L. Kavass
Human Rights Bibliography, Igor L. Kavass
Vanderbilt Journal of Transnational Law
It would be a mistake to assume that the concept of human rights as an ethical precept is an invention of recent origin. The shelves of libraries throughout the world are filled with books which either endeavor to define the inalienable rights of individuals or record the sad history of their constant and relentless abuse. Many of the world's greatest literary creations, from the Greek drama onward, chronicle man's cruelty to man. What is more effective in evoking a feeling of indignation about the perversity of human misery and suffering than the unforgettable books of writers with such culturally and …