July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism,
2017
Duquesne University
July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Trinity Lutheran Church Case Shows There is no Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Today's Porn: Not A Constitutional Right; Not A Human Right,
2017
National Center on Sexual Exploitation
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Philosophical Legal Ethics: An Affectionate History,
2017
Georgetown University Law Center
Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel
Georgetown Law Faculty Publications and Other Works
The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, …
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation,
2017
National Center on Sexual Exploitation
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
June 24, 2017: Three Religion Stories Demonstrate The Importance And Difficulty Of Reaching Healthy Religion,
2017
Duquesne University
June 24, 2017: Three Religion Stories Demonstrate The Importance And Difficulty Of Reaching Healthy Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Three Religion Stories Demonstrate the Importance and Difficulty of Reaching Healthy Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 17, 2017: You Cannot Care Only About The Freedom Of Cubans,
2017
Duquesne University
June 17, 2017: You Cannot Care Only About The Freedom Of Cubans, Bruce Ledewitz
Hallowed Secularism
Blog post, “You Cannot Care Only About the Freedom of Cubans“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 15, 2017: But If Trump Is Hitler And The Republicans Are The Nazi Party, Why Not Open Fire?,
2017
Duquesne University
June 15, 2017: But If Trump Is Hitler And The Republicans Are The Nazi Party, Why Not Open Fire?, Bruce Ledewitz
Hallowed Secularism
Blog post, “But if Trump is Hitler and the Republicans Are the Nazi Party, Why Not Open Fire?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 12, 2017: Donald Trump Got Elected, Remember?,
2017
Duquesne University
June 12, 2017: Donald Trump Got Elected, Remember?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Donald Trump Got Elected, Remember?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 7, 2017: The Play An Act Of God Cannot Decide What It Wants To Be,
2017
Duquesne University
June 7, 2017: The Play An Act Of God Cannot Decide What It Wants To Be, Bruce Ledewitz
Hallowed Secularism
Blog post, “The play An Act of God Cannot Decide What It Wants to Be“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 1, 2017: Exiting The Paris Accord,
2017
Duquesne University
June 1, 2017: Exiting The Paris Accord, Bruce Ledewitz
Hallowed Secularism
Blog post, “Exiting the Paris Accord“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Problems With Moral Subjectivism,
2017
Singapore Management University
The Problems With Moral Subjectivism, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Moral dialogue for moral subjectivists is gravely limited. As soon as moral subjectivists hold another person to any moral standard independent of the person’s belief, they must give up their moral subjectivism. Some moral subjectivists might turn out to be moral realists who accord primacy to autonomy. This, however, is a senseless position that renders all persons equally worthless, unless such moral realists concede that norms that limit autonomy exist. But if so, they are not different from any other moral realists after all.
Do Muddy Waters Shift Burdens?,
2017
University of Maryland Francis King Carey School of Law
Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst
Maryland Law Review
No abstract provided.
The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium,
2017
University of British Columbia
The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium, Jason Leslie
Osgoode Hall Law Journal
This paper analyzes the evolving law of condominium from the perspective of the moral philosophy of property, focusing in particular on neo-Aristotelian value or pluralist ethics. By combining aspects of traditional property law, corporate law, and municipal politics, condominium provides a flexible tool for ownership and private land use planning. Condominium, however, also poses novel and unique challenges to both legal doctrine and the very meaning of private property. After describing and comparing the pluralist approach to moral philosophy of property and the approach of its main rivals—deontology and utilitarianism—the paper describes how condominium is understood by each approach and …
May 27, 2017: Getting Tired Of The Russia Thing,
2017
Duquesne University
May 27, 2017: Getting Tired Of The Russia Thing, Bruce Ledewitz
Hallowed Secularism
Blog post, “Getting Tired of the Russia Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Revolutionary Disobedience,
2017
Barry University School of Law
Revolutionary Disobedience, Philip K. Y. Lau
Barry Law Review
Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …
May 22, 2017: Putnam Versus Scalia,
2017
Duquesne University
May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz
Hallowed Secularism
Blog post, “Putnam versus Scalia“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 16, 2017: When All The Churches Are Gone,
2017
Duquesne University
May 16, 2017: When All The Churches Are Gone, Bruce Ledewitz
Hallowed Secularism
Blog post, “When All the Churches are Gone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 9, 2017: What Can Democracy Do?,
2017
Duquesne University
May 9, 2017: What Can Democracy Do?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Can Democracy Do?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 3, 2017: What Threat From Ai,
2017
Duquesne University
May 3, 2017: What Threat From Ai, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Threat from AI“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account,
2017
Brooklyn Law School
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Brooklyn Journal of International Law
Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …
