Puzzling Out Law's Person,
2016
La Trobe University
Puzzling Out Law's Person, David A. Wishart
Indiana Journal of Global Legal Studies
How is the person to be conceptualized in law? Is it subject or object, what is its ontology and teleology? These are old questions, but ones newly raised by changing ideas of the province of the state, technology, and the extension of legality. Examples include the protection of the fetus in utero; contractualization of relationships, including those of welfare; the regulation of intimacy; the idea of government business; interventions in the business of the firm; and challenges to legal entitihood as constructing personhood. Much discussion of these is incommensurable in terms of place, culture, and discipline. This article ventures a …
Tinjauan Filosofis Dan Teoritis Penggunaan Hukum Acara Hir/Rbg Dalam Penyelesaian Sengketa Waris Di Pengadilan Agama,
2016
Pengadilan Tinggi Agama, Palembang
Tinjauan Filosofis Dan Teoritis Penggunaan Hukum Acara Hir/Rbg Dalam Penyelesaian Sengketa Waris Di Pengadilan Agama, Domiri -
Jurnal Hukum & Pembangunan
Act of the Republic of Indonesia, Number 7 Year 1989, Chapter 54 states that· the general procedural law in Religious Courts is HIRIRBG. HIRIRBG is sourced from western civil law, so that in resolving all matters which are under its authority, Religious Courts conducted general procedural law of HIRIRBG sourced from western civil law, including in resolving inheritance disputes. Therefore, the procedural law of inheritance in Religious Courts which the material law sourced from islamic law would be equated with the western civil law which its material law was …
June 28, 2016: Humans Will Walk On Mars In The Century,
2016
Duquesne University
June 28, 2016: Humans Will Walk On Mars In The Century, Bruce Ledewitz
Hallowed Secularism
Blog post, “Humans Will Walk On Mars in the Century“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 22, 2016: Purposeful Obfuscation On Gun Control,
2016
Duquesne University
June 22, 2016: Purposeful Obfuscation On Gun Control, Bruce Ledewitz
Hallowed Secularism
Blog post, “Purposeful Obfuscation on Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Complainant-Oriented Approach To Unconscionability And Contract Law,
2016
University of Michigan Law School
A Complainant-Oriented Approach To Unconscionability And Contract Law, Nicholas Cornell
Articles
This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I …
June 16, 2016: How Heller Resolves The Gun Issue,
2016
Duquesne University
June 16, 2016: How Heller Resolves The Gun Issue, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Heller Resolves the Gun Issue“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 9, 2016: Clinton Clinches,
2016
Duquesne University
June 9, 2016: Clinton Clinches, Bruce Ledewitz
Hallowed Secularism
Blog post, “Clinton Clinches“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law,
2016
Harvard Law School
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Georgia Journal of International & Comparative Law
No abstract provided.
June 4, 2016: The Heart Of Hallowed Secularism,
2016
Duquesne University
June 4, 2016: The Heart Of Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Heart of Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 23, 2016: The Shining Hour Of Conservative Columnists,
2016
Duquesne University
May 23, 2016: The Shining Hour Of Conservative Columnists, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Shining Hour of Conservative Columnists“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 30, 2016: Anti-Zionism Or Anti-Semitism?,
2016
Duquesne University
May 30, 2016: Anti-Zionism Or Anti-Semitism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Anti-Zionism or Anti-Semitism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 17, 2016: How Can There Be A Compromise?,
2016
Duquesne University
May 17, 2016: How Can There Be A Compromise?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Can There Be a Compromise?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Causation, Counterfactuals And Probabilities In Philosophy And Legal Thinking,
2016
University of Lorraine
Causation, Counterfactuals And Probabilities In Philosophy And Legal Thinking, Florence G'Sell
Chicago-Kent Law Review
Since the function of causation is to recount and explain observed phenomena in order to make a judgment on civil liability, promoting a purely legal conception of causation appears to be problematic. The purpose of this contribution is to show that the various theories of causation found in legal thinking are, in many respects, the extension of philosophical developments. Therefore, two points will be made. The first part of this paper will present the three main theories that are discussed by contemporary philosophers. The second part will show how philosophical accounts are present in legal thinking. This part will deal …
Causation In Hepatitis B. Vaccination Litigation In France: Breaking Through Scientific Uncertainty?,
2016
Universite Pantheon-Assas
Causation In Hepatitis B. Vaccination Litigation In France: Breaking Through Scientific Uncertainty?, Jean-Sebastien Borghetti
Chicago-Kent Law Review
Vaccination against hepatitis B has been available since 1982 and is strongly recommended by most health professionals. In France, the hepatitis B vaccine is very widespread, but it has come under suspicion that it can cause demyelinating diseases such as multiple sclerosis. Several epidemiological studies have been carried out to discover if there is indeed a connection between the hepatitis B vaccination and demyelinating diseases, but no such connection has been established so far. Many cases have nevertheless been brought before French courts, in which plaintiffs argue that they have developed a demyelinating disease due to the hepatitis B vaccination, …
Causation: Linguistic, Philosophical, Legal And Economic,
2016
IIT Chicago-Kent College of Law
Causation: Linguistic, Philosophical, Legal And Economic, Richard W. Wright, Ingeborg Puppe
Chicago-Kent Law Review
Causation plays an essential role in attributions of legal responsibility. How-ever, considerable confusion has been generated in philosophy, law and economics by the use of causal language to refer not merely to causation in its basic (actual/factual/natural) sense, which refers to the operation of the laws of nature, but also to the quite different normative issue of appropriate legal responsibility. To reduce such confusion, we argue that causal language in these disciplines should be used to refer solely to causation in its basic sense. While it is often said that the law need not and should not concern itself with …
May 10, 2016: The Beginning Of The End Of Religion As A Political Force,
2016
Duquesne University
May 10, 2016: The Beginning Of The End Of Religion As A Political Force, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Beginning of the End of Religion as a Political Force“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
What Is The Ethically Ideal Form Of Self-Defense Legislation? A Utilitarian Analysis,
2016
James Madison University
What Is The Ethically Ideal Form Of Self-Defense Legislation? A Utilitarian Analysis, Jacqueline J. Jessop
Senior Honors Projects, 2010-2019
In this work I seek to determine which type of self-defense legislation best satisfies utilitarian ethical standards when implemented within an American democratic system, and should therefore be implemented throughout the United States. I begin by explaining and defending the form of utilitarianism employed in my analysis. I then clarify the three primary forms of legislation that have been proposed to govern circumstances of self-defense – Stand Your Ground laws, Castle Doctrine laws, and Duty to Retreat laws – after which I analyze each form of self-defense legislation according to utilitarian standards. I argue that while Stand Your Ground laws …
May 2, 2016: The Response By Professor Freeman,
2016
Duquesne University
May 2, 2016: The Response By Professor Freeman, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Response by Professor Freeman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And Social Teaching Of The Church,
2016
Florida State University College of Law
Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And Social Teaching Of The Church, Rob Atkinson
Scholarly Publications
This Article seeks a common ground for theists of the Abrahamist religious faiths and agnostics in the Socratic philosophical tradition on the role that the liberal state should play in advancing the two coordinate aims of traditional philanthropy: helping society's least well off and advancing the highest forms of human excellence. It focuses particularly on Abrahamists who are orthodox Catholics and Socratics who are left-liberals, distinguishing their broad views on the liberal state's proper philanthropic role from the far narrower views of libertarians and other right-liberals. It concludes that adherents of Catholic Social Teaching and advocates of secular left-liberalism can …
"But I Know It When I See It": Natural Law And Formalism,
2016
University of Richmond
"But I Know It When I See It": Natural Law And Formalism, William Hamilton Bryson
Law Faculty Publications
Review of R. H. Helmholz's book, Natural Law In Court: A History of Legal Theory in Practice (2015); and David M. Rabban's book, Law's History: American Legal Thought and the Transatlantic Turn to History (2013).
