Natural Law Commons^™

On The Right To Private Property And Entitlement To One's Income, Andrei Marmor

Cornell Law Faculty Publications

No abstract provided.

Foundations Of Practical Reason Revisited, John M. Finnis

Journal Articles

"One's investigations, reflections and communications are actions. Sometimes they are simply spontaneous, but very often, as with other kinds of action, one needs to opt into them by deliberation, choice and continued effort, all of which make noticeable one's responsiveness to opportunities. This paper revisits some main elements in that responsiveness."

Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

In Memoriam - John P. Taylor, Natural Resources Journal

Natural Resources Journal

No abstract provided.

National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus

Natural Resources Journal

No abstract provided.

Saving The Constitution: Lincoln, Secession, And The Price Of Union, Craig S. Lerner

Michigan Law Review

The year is 1860. After failing to obtain, as he had expected, the Democratic Party nomination for President at its Charleston convention, Stephen Douglas abandons his candidacy. In the ensuing election, Democrat John C. Breckinridge of Kentucky edges Republican Abraham Lincoln. The official platform of the Democratic Party includes endorsement of the Dred Scott decision, slavery's expansion in the federal territories, rigorous enforcement of the Fugitive Slave Act, and elimination of the tariff. Abolitionists in New England are inconsolable. For several years, Henry Lloyd Garrison had advocated Northern secession, denouncing the Constitution as a "union with slaveholders," and "a covenant …

Tribal Authority Under The Clean Air Act: How Is It Working?, Jana B. Milford

Natural Resources Journal

No abstract provided.

Recent Books On John Wesley Powell, Denise D. Fort

Natural Resources Journal

No abstract provided.

Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Market Fundamentalism And The Trips Agreement, Thomas F. Cotter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Helping Enact Unjust Laws Without Complicity In Injustice, John M. Finnis

Journal Articles

The form of enactments must be distinguished from their legal meaning (their "juridical effect"), that is, from the propositions of law which those enactments, properly interpreted, make legally valid. This distinction makes it possible, and rationally necessary, to conclude that, in certain contexts, a certain statute which declares or textually implies that some abortions are legally permitted (but others prohibited) is not apermissive law within the meaning of the principle, assumed in this article to be true, that permissive abortion laws are intrinsically unjust and may never be voted for. A permissive statute, in that sense, is one which has …

Spinoza As Natural Lawyer, Aaron Garrett

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

Smart Growth In Western Metro Areas, Robert H. Freilich

Natural Resources Journal

No abstract provided.

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Distinctively Christian Perspectives On Legal Thought?, Mark Tushnet

Michigan Law Review

The plural in the title of Christian Perspectives on Legal Thought immediately suggests one problem in reviewing this collection of essays: identifying unifying themes is difficult precisely because there are a variety of Christian perspectives represented here. Christian perspectives include those of Anabaptists and their modern successors such as Mennonites (who regard law as simply irrelevant to their Christianity), those of the nineteenth-century Catholic church (which was hostile to democracy and religious toleration), and those of the modern Catholic church (which endorses religious pluralism and the preferential option for the poor - among many others). What, then, might be distinctive …

Caesar, Succession, And The Chastisement Of Rulers, Patrick Martin, John M. Finnis

Journal Articles

Julius Caesar's reign as dictator and praefectus morum for life ended with his assassination in 44 B.C. It was preceded by over four hundred years of consular rule, a system of executive government by two consuls, elected for a one-year term. Consular government began in 509 B.C., ending the hundred-year rule of the Tarquin kings. Three works printed in 1594 recalled for English readers the overthrow of the Tarquins and the establishing of consular government. One was dedicated to the Earl of Essex. Another, by William Shakespeare, was dedicated to Essex's close companion, the Earl of Southampton. The third work …

The Unruliness Of Rules, Peter A. Alces

Michigan Law Review

Analytical jurisprudence depends on a posited relation between rules and morality. Before we may answer persistent and important questions of legal theory - indeed, before we can even know what those questions are - we must understand not just the operation of rules but their operation in relation to morality. Once that relationship is formulated, we may then come to terms with the likes of inductive reasoning in Law, the role of precedent, and the fit, such as it is, between Natural Law and Positivism as well as even the coincidence (or lack thereof) between inclusive and exclusive positivism. That …

Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht

Cardozo Law Review

No abstract provided.

Solid Waste Agency Of Northern Cook County V. U.S. Army Corps Of Engineers: Isolated Waters, Migratory Birds, Statutory And Constitutional Interpretation, Edward A. Fitzgerald

Natural Resources Journal

No abstract provided.

Federalism In The Forest: National Versus State Natural Resource Policy, By Tomas M. Koontz, Heather Wight-Axling

Natural Resources Journal

No abstract provided.

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 …

Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip Soper

University of Colorado Law Review

No abstract provided.

Justice White And Legal Realism: An Addendum To Professor Stith-Cabranes, The Honorable Louis F. Oberdorfer

University of Colorado Law Review

No abstract provided.

The Natural Law Basis Of Legal Obligation: International Antitrust And Opec In Context, Joel B. Moore

Vanderbilt Journal of Transnational Law

The Organization of the Petroleum Exporting Countries (OPEC) stabilizes petroleum prices to promote the economic prosperity of its member nations for which oil is a substantial export. Price stabilization influences the price of petroleum around the world, impacting the economies of developed and developing countries. Under U.S. antitrust jurisprudence, the OPEC quota agreements that stabilize prices would likely be declared illegal, and other countries might also declare price fixing to be illegal under their respective competition laws.

Several U.S. Senators have recently proposed that price fixing should be illegal under international law as well. This Note avoids a superficial analysis …

Law And What I Truly Should Decide, John M. Finnis

Journal Articles

Suppose we tried to think about law without trying first to describe it or to work out what the concept of it is. Suppose we asked instead whether, and if so why, and when, we-or more precisely each one of us-should favor introducing, having, endorsing, maintaining, complying with and enforcing it. We would be trying to think about law, about something not limited to our own time and town, but as something that people of any time and place of which we are aware would, as we can understand, have the same or similar need for and reasons to comply …

Nietzsche And Aretaic Legal Theory, Kyron Huigens

Cardozo Law Review

No abstract provided.

Andrade Mesa Wetlands Of The All-American Canal, Osvel Hinojosa-Huerta, Pamela L. Nagler, Yamilett Carrillo-Guerrero, Enrique Zamora-Hernandez, Jaqueline Garcia-Hernandez, Francisco Zamora-Arroyo, Kara Gillon, Edward P. Glenn

Natural Resources Journal

No abstract provided.