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St. Augustine's Philosophical Theory of Law

Philosophy from Plato to Hegel by Huntington Cairns (Baltimore: The Johns Hopkins Press, 1949. Pp. xv, 357). It is at the same time a candid admission that it is virtually impossible to discuss adequately ... undertakes is in fact nothing less than a painstaking inquiry into the history of western philosophy, written from the point of view of the jurisconsult. That Cairns' latest book is a splendid piece of work

Moral Significance of Nationalism

Political Philosophy of InterstateEquality, 15 FLA. ST. U. L. REV. 389 (1987). Carolene, Conflicts, and the Fate of the "Insider-Outsider,"134 U. PA. L. REV. 1291 (1986). Lea Brilmayer & Kathleen Paisley ... current world situation, it is certainly no surprise that philosophers and political theorists are paying increasing attention to the topic of nationalism. It is not an easy subject to study, in part

Address to the Graduating Law Students of the University of Wisconsin, 1873

essentially irrational. A higher and truer philosophy, a philosophy graver and more reverential, less flippant and superficial, than is now common amongst us, teaches us that our reason is not an incident of ... our animal life, but the quality of a life within us, distinct from the life of the body. One philosophy teaches us that we are mere bodies, without soul; another that we are mere souls without body

Extremist Speech, Compelled Conformity, and Censorship Creep

European regulation. Far more than illegal hate speech or violent terrorist imagery is in EU lawmakers’ sights, so too is online radicalization and “fake news.” Newsworthy content and political criticism may ... .? Newsworthy content and political criticism may end up being removed along with terrorist beheading videos, ?kill lists? of U.S. servicemen, and instructions on how to bomb houses of worship. The impact of

Law, Morality, and Sexual Orientation

Legal Philosophy, University of Oxford and Fellow of University College, Oxford; Huber Distinguished Visiting Professor of Law, Boston College, 1993-94. ing to corrupt public morals by publishing ... political views). But the position does not itself encourage, sponsor or impose any such unjust burden. (And it is accompanied by many legal protections for homosexual persons with respect to 7 Dudgeon v

Democracy and International Human Rights Law

, however, 61 The clash between these two types of rights claims is a major focus of modern political philosophy. See, e.g., JOHN E. ROEMER, THEORIES OF DISTRIBUTIVE JUSTICE (1998) (surveying much of the ... to displace the domestic law of dictatorships than liberal democracies. Although the political processes that generate international human rights law are likely to produce less desirable outcomes than

Legal Education at Notre Dame Law School: The Lasting Significance of its Catholic Dimension

to identify the issue and effectively address it. Professor Murphy's bottom line was that he was teaching Contracts, not Philosophy or Theology. Professor Murphy's blend of reality and idealism ... exemplified the Law School's philosophy-which probably can most aptly be described as a blue-collar Catholicism. It was a philosophy particularly well suited for the Notre Dame students of that day. For one

Laissez-Faire Theory in the Early American Bar Association

., Ph.D., Catholic Univ. of America; Member of the faculty of Political Science, Univ. of Dayton. 1 DE TOCQUEVILLE DEMOCRACY IN AMERICA 278 (New York, Knopf 1945). 2 Bar Associations, 4 SOUTHERN LITERARY ... cities and states. Many of these men knew one another through political activities, and the associations generally provided opportunities for increasing social contacts as well.' Many of the more scholarly

NITA and the University

broaden and deepen the insight into life itself, to open up the riches of human experience, of literature, of nature, of art, of religion, of philosophy, of human relations, social, economic, political, to ... , mathematics, and moral philosophy, subjects that taxed the faculties to the utmost but did not put the student at risk of entertaining heretical ideas. Modem university folklore dates the revolution against

Some German Definitions of Law and Legal Philosophy from Kant to Kelsen

, 1947 No. 4 SOME GERMAN DEFINITIONS OF LAW AND LEGAL PHILOSOPHY FROM KANT TO KELSEN IN the evolution of a particularly problematic legal term within a particular age and civilization, the legal

Role of Educators II

transportation, restrictions on ownership of property and higher education gave clear indications of the philosophy of the Court on such questions. The unanimity of the decision was fortunate. The much criticised ... ). philosophy of public education. In every state, the public schools have been kept very close to the people. In this decision, the Court placed responsibility on the local board of education to carry out its

Planning Law and the New Frontier

books in the spheres of government and political science, of economics, and of sociology. Planning commissions and boards have become features of our community life, from the local to the national scale ... preceded by some years the Revolutions of 1848 and the Manifesto of Karl Marx. Afterward, when Archbishop Pecci became Pope Leo XIII, he not only called for a new understanding of the philosophy of St

Principled Pragmatic Stare Decisis in Constitutional Cases

* INTRODUCTION As an allegedly integral part of the "rule of law," stare decisis receives copious academic attention. The present academic discourse focuses on the Court's lack of a coherent philosophy on when it ... the use of precedent is motivated by political concerns); William S. Consovoy, The Rehnquist Court and the End of Constitutional Stare Decisis: Casey, Dickerson, and the

Lawyer's Lost Estate

reproach; but their instinct for social and political justice is held in suspicion. As leading public citizens they have been weighed in the balance and found wanting. This is the measure of the Lawyer's ... too many things as a matter of course, without a Why or a Wherefore. Lawyers who think of their profession as something more than a trade, should learn the philosophy and the vision which Law imiplies

Umpires, Empathy, and Activism: Lessons from Judge Cardozo

federal judges in our democratic society has devolved into a political game in which points are awarded to whomever can reduce the complexities ofjudging into the most oft-repeated sound bites.2 Lawmakers ... philosophy into the courts . . . ."). See generally CHARLES PICKERING, A PRiCE Too HIGH 233 (2007) ("My personal odyssey through confirmation chaos did not reveal a reasoned and rational debate on the

Sign of the Cross and Jurisprudence

established by the Creator. Obviously, the doctrine of creation has far-reaching legal implications. It has rightly been said that every political-economic theory rests upon a foundation of ownership. Whoever ... it to be God? Or ourselves? Or the state? Or a political party? Or a race? Or an economic class? Or the media? Or the stars? Or Satan? Or what? Each of us will choose, and the choice will be

Law and Morals

philosophy of law. They are distinct but not unrelated sciences. By law, I mean the natural moral law as well as human positive law, or law that is drawn up and promulgated by any legitimately established ... political sovereignty for the common welfare of its citizens. By morals I mean the body of principles and rules by which any fully deliberate human action, whether it be internal only or external, private or

Moral Basis of Violence

affluent and confident America. Nonetheless, the philosophy of violence has ample and honorable antecedents in America. Thomas Jefferson suggested, somewhat lightly, perhaps: "[A] little rebellion, now and ... then, is a good thing, and as necessary in the political world as storms in the physical."13 Throughout history, particularly our nation's, violence has been the irrevocable instrument of last resort

The Metamorphoses of Reasonable Doubt: How Changes in the Burden of Proof Have Weakened the Presumption of Innocence

School. His surprisingly influential career is described in FRANK BURT FREIDEL, FRANCIS LIEBER: NINETEENTH CENTURY LIBERAL (1947); and LEwis R. HALI', FRANCIS LIEBER: HIS LIFE AND POLITICAL PHILOSOPHY ... ARISES-MORAL CERTAINTY AND REASONAB.E DOUBT British philosophy in the seventeenth and eighteenth centuries was a scene of lively debate on the nature of knowledge and awareness. Radical theological and

The Enemy Combatant Cases in Historical Context: The Inevitability of Pragmatic Judicial Review

Constitutionattempting to give effect to all of its provisions-and from its underlying structure and political philosophy, as confirmed by early practice and precedent, See Robert J. Pushaw, Jr., The InherentPowers ... all military powers to the political branches; (2) establishes a unitary executive uniquely capable of taking swift action based on the expert advice of officials who possess confidential information