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Full-Text Articles in Legal Theory

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham Mar 2002

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham

Journal of Legal Education

No abstract provided.

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Kesan Poligami Terhadap Keluarga Islam : Suatu Kajian Di Langkawi Kedah, Sa'diah Abdul Samad Jan 2002

Kesan Poligami Terhadap Keluarga Islam : Suatu Kajian Di Langkawi Kedah, Sa'diah Abdul Samad

Student Works (2000-2009)

Kajian berbentuk tinjauan ini bertujuan untuk mclihat apakah kesan-kesan amalan poligami di kalangan penduduk sekitar Langkawi terhadap keluarga. Kesan yang ditinjau adalah terhadap suami sendiri sebagai pengamal poligami, terhadap isteri atau isteri-isteri dan juga anak-anak di dalam keluarga terbabit. Secara khususnya kajian ini bertujuan untuk mencari jawapan kepada soalansoalan berikut: (i) Berapa ramaikah orang-orang Langkawi yang terlibat dengan amalan poligami? (ii) Apakah motif dari perkahwinan kedua atau seterusnya? (iii) Apakah reaksi isteri apabila mengetahui suami mereka berkahwin lagi? (iv) Bagaimanakah hubungan kekeluargaan di dalam keluarga yang mengamalkan poligamj di Langkawi? (v) Apakah masalah-masalah yang timbul di dalam sesebuah keluarga yang …

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Mut'ah : Pelaksanaannya Menurut Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984, Azman Yusof Jan 2002

Mut'ah : Pelaksanaannya Menurut Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984, Azman Yusof

Student Works (2000-2009)

This research explains the actual concept of mut'ah as stated In al­-Quran and al-Hadith by taking into consideration the opinions of fuqaha' from different teachings. The research emphasizes on the practice of the division of mut'ah after divorce in the Mahkamah Syariah Wilayah Persekutuan Kuala Lumpur with reference to the Islamic Family Law (Federal Territories) Act 1984. This research also covers a few procedures and judgments in cases of mut'ah in this court. The research finds the practice which ensures the rates of the claims parallel the needs of Syarie Law. If there is an argument over the rates of …

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Rhetorical Knowledge In Legal Practice And Theory, Francis J. Mootz Iii Jan 1998

Rhetorical Knowledge In Legal Practice And Theory, Francis J. Mootz Iii

Scholarly Works

Rhetorical Knowledge in Legal Practice and Critical Legal Theory has just been published by the University of Alabama Press as part of its series, Rhetoric, Culture and Social Critique. My central themes are that rhetorical knowledge - however imperfectly pursued and attained - is a feature of social life; that rhetorical knowledge plays an important role in legal practice; and that legal critique is appropriately grounded by the normative injunction to maximize the generation of and reliance on rhetorical knowledge in the administration of justice by legal actors. If nothing else, I want to make clear that by recovering and …

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The Place Of Religious Argument In A Free And Democratic Society, Robert Audi Nov 1993

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …

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Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry Nov 1993

Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry

San Diego Law Review

This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He …

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Constructing An Ideal Of Public Reason, Lawrence B. Solum Nov 1993

Constructing An Ideal Of Public Reason, Lawrence B. Solum

San Diego Law Review

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.

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Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt Nov 1993

Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt

San Diego Law Review

This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.

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Liberalism, Religion And The Unity Of Epistemology, Larry Alexander Nov 1993

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …

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Play Fair With Punishment, Richard Dagger Apr 1993

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.

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The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas And Ricoeur, Francis J. Mootz Iii Jan 1988

The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas And Ricoeur, Francis J. Mootz Iii

Scholarly Works

This paper provides a detailed account of Gadamer's philosophical hermeneutics and its relationship to contemporary problems in legal theory. I first demonstrate that Gadamer's approach charts a course between the inflated claims of critical legal studies and the subjectivism of the law and literature movement. I then interrogate the hermeneutical approach from the perspective of Habermas's critical theory. I conclude that Ricoeur's intervention in the Gadamer-Habermas debate helps significantly to draw out the critical elements of Gadamer's work. I conclude by developing new model of legal practice and theory grounded in the textuality of law.

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The Moral Dilemma Of Positivism, Anthony D'Amato Jan 1986

The Moral Dilemma Of Positivism, Anthony D'Amato

Faculty Working Papers

I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …

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Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz Jan 1964

Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz

San Diego Law Review

The address was delivered by Mr. Wirtz at the annual meeting of the Association of American Law Schools held in Los Angeles on December 29, 1963. Because they were addressed to the particular group assembled and depended for their meaning upon circumstances existing at the time, certain introductory comments have been deleted.

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