Natural Law Commons^™

Who Owns An Avatar? Copyright, Creativity, And Virtual Worlds, Tyler T. Ochoa

Vanderbilt Journal of Entertainment & Technology Law

Today's massively multi-player online role-playing games (MMORPGs) offer their users the ability to create or customize their own avatars with distinctive visual appearances. This Article contends that users who take advantage of that ability are exercising significant creative choices, such that they should be considered the "authors" and copyright owners of their own avatars. The Copyright Act envisions several types of collaborative authorship, including joint authorship, works made for hire, and collective works. None of these models provides a good fit for user-created avatars, because avatars meet some, but not all, of the elements for each model. Here, the two …

Cute Prickly Critter With Presbyopia, Don Herzog

Reviews

Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …

Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby

Natural Resources Journal

No abstract provided.

Derivation Of Positive From Natural Law Revisited, Santiago Legarre

Journal Articles

Aquinas's account of the relationship of natural law to positive law has a general theory: every just human law is derived from the law of nature; and two, subordinate theorems: derivation is always either per modum conclusionis or per modum determinationis. I will call them sub-theorems. According to the first sub-theorem "something may be derived from the natural law . . . as a conclusion from premises." For example, "that one must not kill may be derived as a conclusion from the principle that one must do harm to no one." For one reason or another, the theory of derivation …

The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning

Natural Resources Journal

No abstract provided.

Coexisting Normative Orders? Yes, But No, John M. Finnis

Journal Articles

There are indeed two normative orders. But not "coexisting" in the sense that French law coexists with English law, and English law with international law, and all of them with canon law. No, the relation between the normative orders is much more intimate than "coexistence" (in the focal sense of that term). The one is a necessary source of the full validity, and strategically important parts, of the other, and is a real but much less straightforward source (by determinatio) of all its other legitimate parts; and is also an ever-present source of legitimate, and in extreme cases delegitimising criticism …

Natural Law Theory: Its Past And Its Present, John M. Finnis

Journal Articles

The past in which theory of this kind had its origins is notably similar to the present. For this is theory-practical theory-which articulates a critique of critiques, and the critiques it criticizes, rejects and replaces have much in common whether one looks at them in their fifth century B.C. Hellenic (Sophistic) or their modem (Enlightenment, Nietzschean or postmodern) forms.

Planning Positivism And Planning Natural Law, Martin J. Stone

Articles

Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that our usual tests for classifying legal theories (as positivist or not) are, in the present state of discussion, no …

Planning For Legality, Jeremy Waldron

Michigan Law Review

What is law like? What can we compare it with in order to illuminate its character and suggest answers to some of the perennial questions of jurisprudence? Natural lawyers compare laws to moral propositions. A human law is an attempt by someone who has responsibility for a human community to replicate, publicize, and enforce a proposition of objective morality such as "Killing is wrong." Law is like moral reasoning, say the natural lawyers, and laws should be regarded as principles of right reason (principles that reason dictates as answers to the moral questions that need to be addressed in human …

El Derecho Naturaly Ia Constitución De Los Estados Unidos = Natural Law And The United States Constitution, Robert S. Barker

Barker Papers

En la Declaración de lndependencia de los Estados U nidos, los Fundadores proclamaron su fe en Dios y en el Derecho Natural. Once años después, otro grupo de Fundadores se reunieron para diseñar un instrumento que fortaleciera la unión entre los Estados. Su obra -la Constitución de los Estados Unidos- es una aplicación práctica de los principios del Derecho Natural invocados en la Declaración de lndependencia.

El Derecho Natural de los Fundadores de la Constitución es el Derecho Natural clásico - tradicional de la civilización griega - romana - cristiana, basado en Dios, y no el Derecho Natural de …

Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles

UIC Law Review

No abstract provided.

Equality And Differences, John M. Finnis

Journal Articles

This revised and annotated version of the H.L.A. Hart Memorial lecture in the University of Oxford in June 2011 has some significant differences in coverage from the essay of the same title published in the American Journal of Jurisprudence 56 (2011) 17-44, including a brief discussion of Waldron’s treatment of basic equality and Cohen’s “luck-egalitarianism”. The object of the lecture is to establish the grounds of basic human equality, and to indicate how neglect of non-basic inequalities and of preconditions for sustainable common good tends to ensure that legal measures promoting equality rights and condemning ‘discrimination’ yield serious injustices (violations …

Justice For Hedgehogs, Robert E. Rodes

Journal Articles

Professor Dworkin begins this complex and ambitious book with a chapter called "Baedeker" after the nineteenth century guidebooks. In it, he gives an overview of his project, which is to show "the unity of value." The "title refers to a line by an ancient Greek poet, Archilochus, that Isaiah Berlin made famous for us. The fox knows many things, but the hedgehog knows one big thing. Value is one big thing" (1).

He articulates his overarching value in terms of human dignity: "[W]e each have a sovereign ethical responsibility to make something of value of our own lives, as a …

The Tea Party's Constitution, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

Separation Of Law And State, Talia Fisher

University of Michigan Journal of Law Reform

In the framework of the jurisprudential literature, the law-state bond is assumed as a given. Points of dispute emerge only at more advanced stages of the discussion, with respect to such questions as the duty to obey state law or the appropriate extent of state intervention in social relations. This Article will be devoted to a reconsideration of the presupposition of the law-state link and to challenging the state's status vis-à-vis the law-both in its role as the producer of legal norms and its capacity as the arbiter of disputes.

The Article opens with a comparative elucidation of the Hobbesian …

Equity In Policy: Failure And Opportunity, Henry Vaux Jr.

Natural Resources Journal

No abstract provided.

A Planet By Any Other Name…, Kimberly Kessler Ferzan

Michigan Law Review

In case you haven't heard, Pluto isn't a planet anymore (and maybe it never was). In grade school, we all memorized the planets, giving little thought to what made something a planet besides revolving around the Sun and being part of some familiar mnemonic. However, scientific discoveries about Pluto and other parts of space led scientists to question Pluto's planetary status and ultimately, to strip Pluto of its standing among the planets. This leads to the inevitable question-what is a planet?-which turns out to be a more difficult and fascinating question than one might think. The Pluto Files grapples with …

The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel

Richmond Journal of Global Law & Business

“Rule of law” is an expression both praised and ridiculed by adherents of opposite political philosophies, and it is a principle claimed as the lodestar for widely differing legal theories. As much as an ideality as an ideal, the words “rule of law” have served a wide range of purposes, stretching from political sloganeering to the protection of individual rights from the power of government.

Is The Failure To Respond Appropriately To A Natural Disaster A Crime Against Humanity - The Responsibility To Protect And Individual Criminal Responsibility In The Aftermath Of Cyclone Nargis, 38 Denv. J. Int'l L. & Pol'y 227 (2010), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

On May 2 and 3, 2008, Cyclone Nargis struck Myanmar, devastating large portions of the Irrawaddy Delta and creating the potential for a massive humanitarian crisis. Yet, the Myanmar government rejected aid from some countries, limited the amount of aid entering the country to a fraction of what was needed, and strictly controlled how that aid was distributed The United Nations and many governments criticized Myanmar's response to the Cyclone as inadequate and inhumane, and senior politicians from a number of countries discussed whether the situation justified invoking the "responsibility to protect" doctrine This article explores several questions, including: (1) …

Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock

Natural Resources Journal

No abstract provided.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

The Essence Of Human Rights: A Religious Critique, Gordon Butler

University of Richmond Law Review

No abstract provided.

Natural Law, State Interest, And Economic Embargoes, Antonio Jorge

Intercultural Human Rights Law Review

Remarks by Antonio Jorge entitled "Natural Law, State Interest, and Economic Embargoes".

Response To Francis Oakley, Kenneth Pennington

Scholarly Articles

No abstract provided.

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble

Natural Resources Journal

No abstract provided.

International Law: Practical Authority, Global Justice, John Linarelli

Scholarly Works

No abstract provided.

A Modern Legal Ethics: Adversary Advocacy In A Democratic Age, Robert E. Rodes

Journal Articles

Professor Markovits has given us in A Modern Legal Ethics a profound, provocative, and closely argued philosophical treatment of his subject. He begins by asserting "that adversary advocates commonly do, and indeed are often required to do, things in their professional capacities, which, if done by ordinary people in ordinary circumstances, would be straightforwardly immoral" (1). Noting that lawyers commonly take issue with such a claim, he sets out to prove it in a chapter called "The Lawyerly Vices," divided into two sections: "Lawyers Lie," and "Lawyers Cheat." Against these, he sets the "lawyerly virtues" of "professional detachment" and "fidelity."

H.L.A. Hart: A Twentieth-Century Oxford Political Philosopher, John M. Finnis

Journal Articles

This essay offers first a sketch (by a student and colleague) of H.L.A. Hart's life; second an account of the political philosophy which he explicitly articulated in The Concept of Law (1961), and of its relation to the main currents of Oxford political philosophy in the 1950s; and thirdly an exposition and critical assessment of the normative political theory deployed, to widespread acclaim, in his Law, Liberty & Morality (1963).

Does Free Exercise Of Religion Deserve Constitutional Mention?, John M. Finnis

Journal Articles

The article discusses the inclusion of the free exercise of religion among a society's constitutional guarantees in the U.S. It cites Christopher Eisgruber and Lawrence Sager, authors of the book "Religious Freedom and the Constitution," who hold that religion does not deserve constitutional mention on account of any special value. It disputes this view and states that religion does deserve constitutional mention and that the constitution should protect a citizen's right to practice his or her religion.

Hart Avec Kant: On The Inseparability Of Law And Morality, David G. Carlson

Articles

The article critiques H.L.A. Hart's The Concept of Law from a Kantian perspective, arguing that Hart's separation thesis between law and morality is untenable. Hart's internal point of view, a cornerstone of his jurisprudence, is revealed to be indistinguishable from morality, undermining his effort to separate law from moral considerations. The analysis contends that Hart's theory ultimately collapses into a Kantian framework, where law and morality share a common form, challenging the foundational principles of legal positivism.