Law and Philosophy Commons^™

Panel Discussion: Author Meets Critic

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: Ethnography, Ethics & Law

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: Ethnographic Evidence

Northwestern Journal of Law & Social Policy

No abstract provided.

Maine's Sex Offender Registration And Notification Act: Wise Or Wicked?, James A. Billings, Crystal L. Bulges University Of Maine School Of Law

Maine Law Review

The purpose of this Comment is to discuss both the constitutionality and advisability of such sex offender notification statutes with specific reference to Maine's Sex Offender Registration and Notification Act (the SORNA). This Comment will discuss, independent of their constitutionality, the advisability of such statutes on a policy level. It is the Authors' thesis that the SORNA will survive constitutional challenges, but as a means of alleviating the problem of sex offender recidivism in this country, the SORNA and similar statutes fail both in theory and in practice. Alternative approaches based on interdisciplinary study will be suggested.

Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu

William & Mary Business Law Review

In The Dignity of Commerce, Nathan Oman sets out an ambitious market theory of contract, which he argues is a superior normative foundation for contract law than either the moralist or economic justifications that currently dominate contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing to human flourishing that is a refreshing and welcome contribution in an era of market alarmism. But the market theory ultimately falls short as either a normative or prescriptive theory of contract. The extent to which law, public policy, and theory should account for values …

How Well Do We Treat Each Other In Contract?, Aditi Bagchi

William & Mary Business Law Review

One of the important contributions of Nathan Oman’s new book is to draw focus onto the quality of the relationships enabled by contract. He claims that contract, by supporting markets, cultivates certain virtues; helps facilitate cooperation among people with diverse commitments; and produces the wealth that may fuel interpersonal and social justice. These claims are all plausible, though subject to individual challenge. However, there is an alternative story to tell about the kinds of relationships that arise from markets--i.e., a story about domination. The experience of domination is driven in part by the necessity, inequality, and competition enjoined by markets, …

Contract Law And The Common Good, Brian H. Bix

William & Mary Business Law Review

In The Dignity of Commerce, Nathan Oman offers a theory of contract law that is largely descriptive, but also strongly normative. His theory presents contract law’s purpose as supporting robust markets. This Article compares and contrasts Oman’s argument about the proper understanding of contract law with one presented over eighty years earlier by Morris Cohen. Oman’s focus is on the connection between Contract Law and markets; Cohen’s connection had been between Contract Law and the public interest. Oman’s work brings back Cohen’s basic insight, and gives it a more concrete form, as a formidable normative theory with detailed prescriptions.

Contract, Promise, And The Right Of Redress, Andrew S. Gold

William & Mary Business Law Review

This Essay reviews Nathan Oman’s recent book, The Dignity of Commerce. The book is compelling, and it makes an important and original contribution to contract theory—a contribution that insightfully shows how markets matter. Yet, in the course of developing a market-centered justification for contract law, The Dignity of Commerce also downplays the significance of consent and promissory morality. In both cases, the book’s argument is problematic, but this Essay will address questions of promissory morality. Oman contends that promise-based accounts struggle with contract law’s bilateralism and with its private standing doctrine. Yet, promissory morality is a very good fit …

A Pragmatist’S View Of Promissory Law With A Focus On Consent And Reliance, Robert A. Hillman

William & Mary Business Law Review

This Article discusses Professor Nate Oman’s excellent new book, The Dignity of Commerce, which makes an impressive case for how markets can produce “desirable” outcomes for society. In addition to a comprehensive account of what he calls “virtues” of markets, such as their tendency to produce cooperation, trust, and wealth, the book is full of useful and persuasive supporting information and discussions.

Oman is not only a fan of markets, but he asserts that markets are the “center” of contract theory, and provide its normative foundation. Elaborating, Oman concludes that “contract law exists primarily to support markets” and that …

Markets And Morals: The Limits Of Doux Commerce, Mark L. Movsesian

William & Mary Business Law Review

In this Essay on Professor Oman’s beautifully written and meticulously researched book, The Dignity of Commerce, I do three things. First, I describe what I take to be the central message of the book, namely, that markets promote liberal values of tolerance, pluralism, and cooperation among rival, even hostile groups. Second, I show how Oman’s argument draws from a line of political and economic thought that dates to the Enlightenment, the so-called doux commerce thesis of thinkers like Montesquieu and Adam Smith. Finally, I discuss what I consider the most penetrating criticism of that thesis, Edmund Burke’s critique from …

A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz

Ledewitz Papers

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

February 13, 2018: David Brooks: “It’S Time To Start Something New”, Bruce Ledewitz

Hallowed Secularism

Blog post, “David Brooks: 'it’s time to start something new'." discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 1, 2018: Where’S The Crime? Release The Memo, Bruce Ledewitz

Hallowed Secularism

Blog post, “Where’s the Crime? Release the Memo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Conditions Of Personhood And Property, Zachary James Acree

Dissertations, Theses, and Capstone Projects

This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes …

January 28, 2018: Two Stories Perfectly Illustrate Our Deadlock, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Stories Perfectly Illustrate Our Deadlock“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 23, 2018: Distrust On Climate News, Bruce Ledewitz

Hallowed Secularism

Blog post, “Distrust on Climate News“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 18, 2018: Shutting Down The Government, Bruce Ledewitz

Hallowed Secularism

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

January 14, 2018: What President Trump Is Accomplishing, Bruce Ledewitz

Hallowed Secularism

Blog post, "What President Trump is Accomplishing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 9, 2018: Dangerous Hypocrisy On The Right, Bruce Ledewitz

Hallowed Secularism

Blog post, “Dangerous Hypocrisy on the Right“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 7, 2018: The Democrats: Stupid Again, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Democrats: Stupid Again" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.