The Creation Of Authority In A Sermon By Saint Augustine,
2013
University of Michigan Law School
The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White
Book Chapters
My way of honoring Joe today will not be to describe or extol his achievements directly but to try to show something of what I have learned from him, particularly in the way I approach a new text and problem, in this case the creation of authority in one of Augustine's sermons.
The Filaments Of The Vicarious: Notes To The Authors Of This Book,
2013
University of Michigan Law School
The Filaments Of The Vicarious: Notes To The Authors Of This Book, Joseph Vining
Book Chapters
Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and lives. Origins and influences can begin with a biology teacher in secondary school, J. C. Catt, for whom I wrote a long paper on a drop …
Devising Law: On The Philosophy Of Legal Emblems,
2013
Benjamin N. Cardozo School of Law
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
NYLS Law Review
No abstract provided.
News In Cyberspace: The Creation Of The New Ignorance,
2013
Florida Agricultural and Mechanical University
News In Cyberspace: The Creation Of The New Ignorance, Ronald Charles Griffin
Journal Publications
Computers are dummying us down. Book learning has given way to computer speak. Modern technology overwhelms us. Users are enthralled with gadgets to the point where they have lost themselves in them. We have abandoned, perhaps mislaid, our sense for ignorance; what it means to be illiterate in the 21st century; and working definitions for truth. In this environment a dab of education (enough to make somebody lethal), a sprinkle of bigotry, and fear produce people with ideas that are bad for us. This essay cautions against trucking with those folk; it marks what they do in the media that …
Law Among The Sight Lovers,
2013
University of the Pacific McGeorge School of Law
Law Among The Sight Lovers, Francis J. Mootz Iii
NYLS Law Review
No abstract provided.
The Case Against The Case Against The Death Penalty,
2013
Saint Louis University School of Law
The Case Against The Case Against The Death Penalty, Chad W. Flanders
All Faculty Scholarship
Despite the continuing belief by a majority of Americans that the death penalty is morally permissible, the death penalty has few academic defenders. This lack of academic defenders is puzzling because of the strong philosophical justification the death penalty finds in traditional theories of punishment. The three major theories of punishment (the deterrent, the retributive, and the rehabilitative), far from showing that the death penalty is not justified, tend to provide good reasons to favor the death penalty. Indeed, every attempt to show that the major theories of punishment rule out the death penalty either involves smuggling in other assumptions …
Micro-Symposium On Orin Kerr's 'A Theory Of Law',
2013
Willamette University College of Law
Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker
All Faculty Scholarship
For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin Kerr bravely, creatively, and eloquently answered that question in his article, “A Theory of Law,” in the Autumn 2012 issue of the Green Bag. Uniquely among all theories of law that I know of, Kerr’s answer to the fundamental question of law and true public policy enables all scholars to …
Law School As Liberal Education,
2013
University of Michigan Law School
Law School As Liberal Education, Sherman J. Clark
Articles
The president of a liberal arts college, if asked why college is worthwhile, would be able to respond on several levels. He or she would certainly say something about the value of the degree as a credential to help students get a job or get into graduate school. In addition, he or she would likely emphasize the professional value of the skills and capacities developed through a liberal education, which can help students succeed at work or in graduate school. More deeply, however, we would expect that he or she would have something to say about the intrinsic value of …
Ethics And International Law: Integrating The Global Justice Project(S),
2013
University of Michigan Law School
Ethics And International Law: Integrating The Global Justice Project(S), Steven R. Ratner
Articles
Academic discourse on global justice is at an all-time high. Within ethics and international law, scholars are undertaking new inquiries into age-old questions of building a just world order. Ethics – political and moral philosophy – poses fundamental questions about responsibilities at the global level and produces a tightly reasoned set of frameworks regarding world order. International law, with its focus on legal norms and institutional arrangements, provides a path, as well as illuminates the obstacles, to implementing theories of the right or of the good. Yet despite the complementarity of these two projects, neither is drawing what it should …
Textualism And Obstacle Preemption,
2013
Georgetown Center for the Constitution
Textualism And Obstacle Preemption, John D. Ohlendorf
Georgia Law Review
Commentators, both on the bench and in the academy,
have perceived an inconsistency between the Supreme
Court's trend, in recent decades, towards an increasingly
formalist approach to statutory interpretation and the
Court's continued willingness to find state laws preempted
as "obstacles to the accomplishment and execution of the
full purposes and objectives of Congress'"--so-called
"obstacle preemption." This Article argues that by giving
the meaning contextually implied in a statutory text
ordinary, operative legal force, we can justify most of the
current scope of obstacle preemption based solely on
theoretical moves textualism already is committed to
making.
The Article first sketches …
Order In The Desert: Law Abiding Behavior At Burning Man,
2013
Florida International University College of Law
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Faculty Publications
No abstract provided.
Becker And Foucault On Crime And Punishment – A Conversation With Gary Becker, François Ewald, And Bernard Harcourt: The Second Session,
2013
Conservatoire National des Arts et Métiers
Becker And Foucault On Crime And Punishment – A Conversation With Gary Becker, François Ewald, And Bernard Harcourt: The Second Session, Gary S. Becker, Francois Ewald, Bernard E. Harcourt
Faculty Scholarship
In his 1979 lectures at the Collège de France, The Birth of Biopolitics, Michel Foucault discussed and analyzed Gary Becker’s economic theory of crime and punishment, originally published in The Journal of Political Economy in 1968 under the title “Crime and Punishment: An Economic Approach.” In this historic, second encounter at the University of Chicago, Gary Becker responds to Foucault’s lectures and possible critical readings of his writings on crime and punishment, in conversation with Professors François Ewald (who was, at the time in 1979, Foucault’s assistant at the Collège and one of Foucault’s closest interlocutors) and Bernard Harcourt (a …
The Moral Significance Of Economic Life,
2013
Columbia Law School
The Moral Significance Of Economic Life, Andrzej Rapaczynski
Faculty Scholarship
Much of the modern perception of the role of economic production in human life – whether on the Left or on the Right of the political spectrum – views it as an inferior, instrumental activity oriented toward self-preservation, self-interest, or profit, and thus as essentially distinct from the truly human action concerned with moral values, justice, and various forms of self-fulfillment. This widely shared worldview is rooted, on the one hand, in the Aristotelian tradition that sees labor as a badge of slavery, and freedom as lying in the domain of politics and pure (not technical) knowledge, and, on the …
On Normativity And Responsibility: Responses,
2013
Columbia Law School
On Normativity And Responsibility: Responses, Joseph Raz
Faculty Scholarship
Contains responses to comments by Chang, Hestein and Heuer on "From Normativity to Responsibility". The paper responds to various criticisms especially about methodology, the bearing of a secure area of competence on responsibility, the univocality of 'reasons', the relations of value and practical reasons, the scope of rational powers, the function of reasons to be rational, and most extensively about following reasons and the distinction between standard and non-standard reasons (where Heuer has pointed out some deficiencies in the discussion of the matter in the book).
December 29, 2012: What Is Nihilism?,
2012
Duquesne University
December 29, 2012: What Is Nihilism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is Nihilism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 26, 2012: One Man Promoting Gay Marriage And Religious Liberty,
2012
Duquesne University
December 26, 2012: One Man Promoting Gay Marriage And Religious Liberty, Bruce Ledewitz
Hallowed Secularism
Blog post, “One Man Promoting Gay Marriage And Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 23, 2012: The Egyptian Constitution,
2012
Duquesne University
December 23, 2012: The Egyptian Constitution, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Egyptian Constitution“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 20, 2012: No, God Has Not Called Them Home,
2012
Duquesne University
December 20, 2012: No, God Has Not Called Them Home, Bruce Ledewitz
Hallowed Secularism
Blog post, “No, God Has Not Called Them Home“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2012: Heller Is Good News For Gun Control,
2012
Duquesne University
December 16, 2012: Heller Is Good News For Gun Control, Bruce Ledewitz
Hallowed Secularism
Blog post, “Heller is Good News for Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 12, 2012: Bringing Wal-Mart Jobs To Michigan,
2012
Duquesne University
December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bringing Wal-Mart Jobs to Michigan“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
