Does Contract Law Need Morality?,
2018
Duke Law School
Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu
Faculty Scholarship
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 market-place as contributing to human flourishing that is a refreshing and welcome contribution in an era of market alarmism. But the mar-ket theory ultimately falls short as either a normative or prescriptive theory of contract. The extent to which law, public policy, and the-ory should account for values …
December 31, 2017: 2017,
2017
Duquesne University
December 31, 2017: 2017, Bruce Ledewitz
Hallowed Secularism
Blog post, “2017“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 25, 2017: The Christian Picks Him Up,
2017
Duquesne University
December 25, 2017: The Christian Picks Him Up, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Christian Picks Him Up“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 20, 2017: America In Retreat,
2017
Duquesne University
December 20, 2017: America In Retreat, Bruce Ledewitz
Hallowed Secularism
Blog post, “America in Retreat“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 13, 2017: Good News From Alabama,
2017
Duquesne University
December 13, 2017: Good News From Alabama, Bruce Ledewitz
Hallowed Secularism
Blog post, “Good News from Alabama“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 10, 2017: When Can Due Process Be Dispensed With?,
2017
Duquesne University
December 10, 2017: When Can Due Process Be Dispensed With?, Bruce Ledewitz
Hallowed Secularism
Blog post, “When Can Due Process Be Dispensed With?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 8, 2017: The Hypocrisy Of The Democratic Party,
2017
Duquesne University
December 8, 2017: The Hypocrisy Of The Democratic Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Hypocrisy of the Democratic Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence,
2017
Liberty University
Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence, Melanie Scherpereel
Senior Honors Theses
This paper will discuss Christian involvement in the intelligence field in addition to the ethical issues inherent to intelligence, specifically deception, including lying and manipulation, and technology as a force multiplier. Many Christians believe that intelligence is fundamentally a field of extensive deception that should be avoided. Ethics and morality, what it means to tell the truth, and biblical examples of people who used deception and were commended, will be analyzed from a Christian worldview perspective. The arguments will be presented in order that Christians may be able to understand how to apply the two greatest commandments, to love our …
December 2, 2017: The Criticism Of Mark Lilla They Don't Want You To See,
2017
Duquesne University
December 2, 2017: The Criticism Of Mark Lilla They Don't Want You To See, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Criticism of Mark Lilla They Don't Want You to See“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 29, 2017: The Acting Director And The Rule Of Law,
2017
Duquesne University
November 29, 2017: The Acting Director And The Rule Of Law, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Acting Director and the Rule of Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2017: David Brooks Gets The Need For Hallowed Secularism,
2017
Duquesne University
November 23, 2017: David Brooks Gets The Need For Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “David Brooks Gets the Need for Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2017: The Revenge Of Ruth Ann Dailey,
2017
Duquesne University
November 21, 2017: The Revenge Of Ruth Ann Dailey, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Revenge of Ruth Ann Dailey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 18, 2017: Resurrecting Truth At Duquesne University School Of Law,
2017
Duquesne University
November 18, 2017: Resurrecting Truth At Duquesne University School Of Law, Bruce Ledewitz
Hallowed Secularism
Blog post, “Resurrecting Truth at Duquesne University School of Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 14, 2017: Going After A Defeated Political Opponent Is The End Of Democratic Life,
2017
Duquesne University
November 14, 2017: Going After A Defeated Political Opponent Is The End Of Democratic Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “Going After a Defeated Political Opponent is the End of Democratic Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Possibility Of Naturalistic Jurisprudence: Legal Positivism And Natural Law Theory Revisited,
2017
Osgoode Hall Law School of York University
The Possibility Of Naturalistic Jurisprudence: Legal Positivism And Natural Law Theory Revisited, Dan Priel
Articles & Book Chapters
Contemporary legal philosophy is predominantly anti-naturalistic. This is true of natural law theory, but also, more surprisingly, of legal positivism. Several prominent legal philosophers have in fact argued that the kind of questions that legal philosophers are interested in cannot be naturalized, such that a naturalistic legal philosophy is something of a contradiction in terms. Against the dominant view I argue that there are arguable naturalistic versions of both legal positivism and natural law. Much of the essay is dedicated to showing that such views are possible: I identify naturalistic versions of a “natural law” view, a “positivist” view, as …
Objective And Subjective Tests In The Law,
2017
Indiana University Robert H. McKinney School of Law
Objective And Subjective Tests In The Law, R. George Wright
The University of New Hampshire Law Review
Across many subject areas, the law commonly attempts to distinguish between objective and subjective tests, and to assess the merits of objective as opposed to subjective legal tests. This Article argues that all such efforts are fundamentally incoherent and ultimately futile in practice. As demonstrated below, what the law takes to be objective in the relevant sense is essentially constituted by what the law takes to be subjective, and vice versa. Judicial preoccupation with objective and subjective tests thus does no more than distract from more meaningful concerns. Judicial attention should be directed away from this hopeless distinction, and instead …
Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory,
2017
University of Maine School of Law
Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory, Philip C. Kissam
Maine Law Review
Count Alexis de Tocqueville's Democracy in America has been said to be "at once the best book ever written on democracy and the best book ever written on America. " This praise should perhaps be tempered by consideration of Tocqueville' s purposes and the historical circumstances within which he worked and understood both democracy and America. Yet Tocqueville's insights into American democracy as of the 1830s undoubtedly constitute a rich source of constitutional thought-either as support for particular constitutional principles or as constitutional ideas that should be contested. In a recent notable instance, John McGinnis has argued that Tocqueville's ideas …
The Fragility Of Constitutional Democracy,
2017
University of Maryland Francis King Carey School of Law
The Fragility Of Constitutional Democracy, Yasmin Dawood
Maryland Law Review
Is the survival of constitutional democracy in America at serious risk? Given the actions of the Trump administration, and given the decline of democracy and concomitant rise of authoritarianism the world over, there is genuine cause for alarm. In light of these fears, it is worth remembering that the authors of The Federalist Papers were notably pessimistic about the survival chances of republican government. To what extent have their constitutional design innovations contributed to present woes, and conversely, to what extent will the Constitution ensure the survival of democracy? This Essay argues that while the design of the Constitution is …
How A Court Becomes Supreme: Defending The Constitution From Unconstitutional Amendments,
2017
University of Maryland Francis King Carey School of Law
How A Court Becomes Supreme: Defending The Constitution From Unconstitutional Amendments, Richard Albert
Maryland Law Review
High courts around the world have increasingly invalidated constitutional amendments in defense of their view of democracy, answering in the affirmative what was once a paradoxical question with no obvious answer: can a constitutional amendment be unconstitutional? In the United States, however, the Supreme Court has yet to articulate a theory or doctrine of unconstitutional constitutional amendment. Faced with a constitutional amendment that would challenge the liberal democratic values of American constitutionalism—for instance an amendment restricting political speech or establishing a national religion—the Court would be left without a strategy or vocabulary to protect the foundations of constitutional democracy. In …
Constitutional Crisis And Constitutional Rot,
2017
Yale Law School
Constitutional Crisis And Constitutional Rot, Jack M. Balkin
Maryland Law Review
No abstract provided.
