Aggregation Of Probabilities And Illogic,
2012
Cornell University
Aggregation Of Probabilities And Illogic, Kevin M. Clermont
Georgia Law Review
Classical logic and probability theory produce in law the
troublesome paradox of aggregation of claims: On the
other hand, logic seems to tell us that the aggregated
likelihood of alternative claims elevates in response to
probability's rules; thus, if the plaintiff almost proves
claim A and almost proves an alternative but independent
claim B, then the plaintiff should win one. On the other
hand, because the law requires each claim to meet the
standard of proof, and thus refuses to apply the proof
standard to the aggregation, the plaintiff loses in
actuality; legal scholars despair in consequences-
including Ariel Porat …
Political Disobedience,
2012
Columbia Law School
Political Disobedience, Bernard E. Harcourt
Faculty Scholarship
The political phenomenon that was born in Zuccotti Park in the fall of 2011 and spread rapidly across the nation and abroad immediately challenged our vocabulary, our grammar, our political categories – in short, our very language of politics. Although it was quickly apparent that a political paradigm shift had taken place before our eyes, it was hard to discern what Occupy Wall Street really represented, politically. It is time to begin to name this phenomenon and in naming to better understand it. So let me propose a term: political disobedience.
Death In Our Life,
2012
Columbia Law School
Death In Our Life, Joseph Raz
Faculty Scholarship
This is the text of the Annual Lecture of the Society for Applied Philosophy, delivered in Oxford on 22-5-12. I kept the talk style of the paper. It examines a central aspect of the relations between duration and quality of life by considering the moral right to voluntary euthanasia, and some aspects of the moral case for a legal right to euthanasia. Would widespread acceptance of a right to voluntary euthanasia lead to widespread changes in attitude to life and death? Many of its advocates deny that seeing it as a narrow right enabling people to avoid ending their life …
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S 'Harm Principle,' And American Social Morality,
2012
Duke Law School
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S 'Harm Principle,' And American Social Morality, Jedediah S. Britton-Purdy, Neil S. Siegel
Faculty Scholarship
In this Article, we show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that refusing …
The Limits Of Integrity,
2012
Washington University in St. Louis School of Law
The Limits Of Integrity, John D. Inazu
Scholarship@WashULaw
This article draws upon the work of theologian Stanley Hauerwas to demonstrate how Ronald Dworkin’s theory of law as integrity relies upon secular liberal presuppositions. Dworkin’s constraint on “religious convictions or goals” not only inhibits theological argument in our discussions about law and legal interpretation, but also neutralizes what may be the strongest objections to Dworkin’s normative views. The juxtaposition of Hauerwas and Dworkin is particularly apt because both hold similar interpretive commitments that hang in the balance between a fixed textualism and an unbounded pragmatism. Both justify their epistemic practices by a kind of faith — they do not …
Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword,
2012
Washington University in St. Louis School of Law
Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword, John D. Inazu
Scholarship@WashULaw
This essay is the special editor's introduction to a forthcoming symposium in Law & Contemporary Problems that explores the work of theologian Stanley Hauerwas and its implications for law and legal scholarship. Although not well-known in the legal academy, Hauerwas is an important scholar and public intellectual who has written scores of books and hundreds of articles, been named "America's Best Theologian" by Time Magazine, and delivered the prestigious Gifford Lectures. He has arguably “articulated the most coherent and influential political theology in and for the North American context” and has been “at the forefront of major transformations in theology” …
December 31, 2011: The Conflict Between The Catholic Church And Government Regulations,
2011
Duquesne University
December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Conflict Between the Catholic Church and Government Regulations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Step Down, Justice Melvin,
2011
Duquesne University
Step Down, Justice Melvin, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Justice’S Suspension Is Dubious,
2011
Duquesne University
Justice’S Suspension Is Dubious, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
December 28, 2011: Enlisting The Help Of Sam Harris,
2011
Duquesne University
December 28, 2011: Enlisting The Help Of Sam Harris, Bruce Ledewitz
Hallowed Secularism
Blog post, “Enlisting the Help of Sam Harris“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 24, 2011: The Waning Of Christian Culture,
2011
Duquesne University
December 24, 2011: The Waning Of Christian Culture, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Waning of Christian Culture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 20, 2011: Religious Revival In China,
2011
Duquesne University
December 20, 2011: Religious Revival In China, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religious Revival in China“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2011: Christopher Hitchens R.I.P.,
2011
Duquesne University
December 16, 2011: Christopher Hitchens R.I.P., Bruce Ledewitz
Hallowed Secularism
Blog post, “Christopher Hitchens R.I.P.“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 13, 2011: The Mcconnell-Feldman Debate Over Religious Liberty,
2011
Duquesne University
December 13, 2011: The Mcconnell-Feldman Debate Over Religious Liberty, Bruce Ledewitz
Hallowed Secularism
Blog post, “The McConnell-Feldman Debate Over Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 10, 2011: “But What If History Has No Logos?”,
2011
Duquesne University
December 10, 2011: “But What If History Has No Logos?”, Bruce Ledewitz
Hallowed Secularism
Blog post, “ “But what if history has no logos?”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 5, 2011: Why Do We Mourn?,
2011
Duquesne University
December 5, 2011: Why Do We Mourn?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Do We Mourn?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 2, 2011: The Rituals Of Mourning,
2011
Duquesne University
December 2, 2011: The Rituals Of Mourning, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Rituals of Mourning“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Cognitive Agendas And Legal Epistemology,
2011
University of Arkansas, Fayetteville
Cognitive Agendas And Legal Epistemology, Danny Marrero
Graduate Theses and Dissertations
The domain of legal epistemology is defined from two alternative perspectives: individual epistemology and Social epistemology. Since these perspectives have different objects of evaluation, their judgments privilege and exclude different sets of information. While methodological individualism is concerned with justified beliefs of individual knowers, the Social angle focuses on the institutional conditions of knowledge. I will show that the information that is respectively excluded by both the individual and the Social concepts of legal epistemology weaken their respective evaluations. With this in mind, I will explore one new option of defining legal epistemology. This alternative is more comprehensive, in the …
November 28, 2011: Death For The Hallowed Secularist,
2011
Duquesne University
November 28, 2011: Death For The Hallowed Secularist, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Death for the Hallowed Secularist“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 24, 2011: Happy Secular Thanksgiving,
2011
Duquesne University
November 24, 2011: Happy Secular Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Secular Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
