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Full-Text Articles in Legal Theory
The Inevitability Of Conscience: A Response To My Critics, David Luban
The Inevitability Of Conscience: A Response To My Critics, David Luban
Georgetown Law Faculty Publications and Other Works
This essay by Professor David Luban is written in response to critics of his book, Legal Ethics and Human Dignity.
In part I Professor Luban addresses the primacy that he assigns conscience over the professional role and focuses mainly on the arguments of his critics, Professors Norman Spaulding and W. Bradley Wendel. Part II explores the challenge of pluralism, replying primarily to Professors Katherine Kruse, Spaulding, and Wendel. Part III, in response to Professors Kruse and William Simon, elaborates on the concept of human dignity. Part IV discusses institutions and ethics, focusing on Professors Susan Carle and Simon. The …
Public Legal Reason, Lawrence B. Solum
Public Legal Reason, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive moral doctrines.
The ideal of public legal reason is then applied to a particular question--whether welfarism (a particular form of normative …