Law and Philosophy Commons^™

The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

December 1, 2018: "I Retired", Bruce Ledewitz

Hallowed Secularism

Blog post, "I Retired“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer

Brooklyn Journal of International Law

For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …

November 24, 2018: Letter About Kornacki's Book, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Letter about Kornacki's book“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 23, 2018: Thanksgiving 2018, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thanksgiving 2018“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 21, 2018: Is The New York Times Right About China?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is the New York Times Right About China?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Matthew Whitaker Appointment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 9, 2018: The Electoral College, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 4, 2018: The God Construct, Bruce Ledewitz

Hallowed Secularism

Blog post, “The God Construct“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 3, 2018: A Society Without A Soul, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Society Without a Soul“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner

Articles

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …

Democratizing Interpretation, Anya Bernstein

Faculty Scholarship

Judges interpreting statutes sometimes seem eager to outsource the work. They quote ordinary speakers to define a statutory term, point to how an audience understands it, or pin it down with interpretive canons. But sometimes conduct that appears to diminish someone’s power instead sneakily enhances it. So it is with these forms of interpretive outsourcing. Each seems to constrain judges’ authority by handing the reins to someone else, giving interpretation a democratized veneer. But in fact, each funnels power right back to the judge.

These outsourcing approaches show a disconnect between the questions judges pose and the methods they use …

October 30, 2018: Executing Robert Bowers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Executing Robert Bowers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Shootings in Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 23, 2018: "Because He Doesn’T Exist", Bruce Ledewitz

Hallowed Secularism

Blog post, "Because He doesn’t exist" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 20, 2018: Absurdities Of Anti-Religious Bias, Bruce Ledewitz

Hallowed Secularism

Blog post, “Absurdities of Anti-Religious Bias“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 18, 2018: Rhodri Lewis Responds, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rhodri Lewis Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 16, 2018: Pittsburgh Foundation Grant, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pittsburgh Foundation Grant“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 12, 2018: So, Shakespeare Is Now A Nihilist, Bruce Ledewitz

Hallowed Secularism

Blog post, “So, Shakespeare Is Now a Nihilist“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer

Seattle University Law Review

Scientists have long recognized two distinct forms of human thought. “Type 1” reasoning is unconscious, intuitive, and specializes in finding complex patterns. It is typically associated with the aesthetic emotion that John Keats called “beauty.” “Type 2” reasoning is conscious, articulable, and deductive. Scholars usually assume that legal reasoning is entirely Type 2. However, critics from Holmes to Posner have protested that unconscious and intuitive judgments are at least comparably important. This Article takes the conjecture seriously by asking what science can add to our understanding of how lawyers and judges interpret legal texts. The analysis is overdue. Humanities scholars …