Legal Theory Commons^™

Saundra D. Westervelt & Kimberly J. Cook, Life After Death Row: Exonerees’ Search For Community And Identity, Jeanne Subjack

Qualitative Criminology (QC)

"Life After Death Row examines how individuals wrongly sentenced to death adjust to life after their release. The idea for the book arose in 2009, after Westervelt and Cook attended a conference and learned about the different aspects related to wrongful convictions that had yet to be addressed in academia. To gain a more thorough understanding of the events the participants experienced, the authors used life history and feminist methods to conduct their research. Although the current analysis is not necessarily focused on gender, feminist methods are useful here because they can be applied when a researcher “seeks an …

Socioeconomic Rights And Theories Of Justice, Jeremy Waldron

San Diego Law Review

This Article considers the relation between theories of justice - such as John Rawls's theory - and theories of socioeconomic rights. In different ways, these two kinds of theories address much of the same subject matter. But they are quite strikingly different in format and texture. Theories of socioeconomic rights defend particular line-item requirements: a right to this or that good or opportunity, such as housing, health care, education, and social security. Theories of justice tend to involve a more integrated normative account of a society's basic structure, though they differ considerably among themselves in their structure. So how exactly …

On The Connection Between Law And Justice, Anthony D'Amato

Faculty Working Papers

What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is—or should be—the connection between justice and law. Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a …

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Procedural Justice, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This article begins in part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits?

The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question--what is procedure?--is the most difficult and requires an extensive …

Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The …

Broadly Speaking - April, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - March, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - May, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - February, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - December, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - August 19, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - March, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - February, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October 16, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - August 24, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April 27, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - March 30, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - February 17, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January 26, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - November 19, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October 15, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.