Law and Philosophy Commons^™

The Algorithmic Self, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

April 1, 2015: What Can The Cross Mean?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ What Can the Cross Mean?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Legal Pluralism In Tort Law Theory: Balancing Instrumental Theories And Corrective Justice, Benjamin Shmueli

University of Michigan Journal of Law Reform

Unified-monistic theories of tort law focus on a single goal, usually corrective justice, distributive justice, or optimal deterrence. Unlike these approaches, mixedpluralistic theories attempt to balance between various goals of tort law by integrating several of the considerations underlying these different goals. These theories of legal pluralism reflect ideological diversity, in this case between different theories of the same legal system. This Article discusses the challenge of legal pluralism to settle the possible collision between different goals of tort law within the framework of tort law theory. Starting from a position of support for the mixed-pluralistic thesis, this Article first …

"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray

Maryland Law Review Online

No abstract provided.

Rank Among Equals, Ben A. Mcjunkin

Michigan Law Review

Dignity is on the march. Once regarded as a subject exclusively within the province of antiquated moral philosophy, dignity—that “shibboleth of all perplexed and empty-headed moralists”—has recently developed into a cornerstone of contemporary legal discourse. Internationally, the concept of human dignity has been central to the emergence and acceptance of universal human rights. Dignity, in some form, is guaranteed by such seminal documents as the Preamble to the Charter of the United Nations, the Universal Declaration of Human Rights, the German Basic Law, and the South African Constitution. Domestically, appeals to dignity undergird popular legal arguments for social and political …

March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Think about Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 25, 2015: Holding Back The Chinese Tide, Bruce Ledewitz

Hallowed Secularism

Blog post, “Holding Back the Chinese Tide“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 21, 2015: The Problem For Post-Netanyahu American Judaism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Problem for Post-Netanyahu American Judaism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 17, 2015: Sustainable Political Thinking, Bruce Ledewitz

Hallowed Secularism

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

March 14, 2015: Would Prosperity Matter?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Would Prosperity Matter?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 11, 2015: Well, Some Dare Call It Treason, Bruce Ledewitz

Hallowed Secularism

Blog post, “Well, Some Dare Call it Treason“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 7, 2015: Watching The Left Behind Movie, Bruce Ledewitz

Hallowed Secularism

Blog post, “Watching the Left Behind Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 4, 2015: The Foreign Leader Speaks, Bruce Ledewitz

Hallowed Secularism

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

March 1, 2015: Is There Something Wrong?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Is There Something Wrong?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport

Nevada Law Journal

Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits.

Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …

Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman

Nevada Law Journal

No abstract provided.

Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport

Faculty Scholarship

Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …

February 24, 2015: Transformed Without God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Transformed Without God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 20, 2015: Bad News From Ukraine, Bruce Ledewitz

Hallowed Secularism

Blog post, “Bad News From Ukraine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim

Pepperdine Law Review

The article focuses on the concepts of religion in secular states such as Republic of Turkey. Topics discussed include distinction between secularism and religion, views of philosopher of liberalism John Locke on delegation of matters of faith to the Church and matters of public good to the state along with the relationship of modernization and secularism.