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American political thought was then largely disdained in political science, as empiricists focused on behavior while theorists regularly declared that worthwhile American political philosophy had begun and
task here to discuss the place of political theory or political philosophy in legal scholarship. It is tempting to begin by emphasizing the gulf between justice and law: The job of political philosophers ... -"What ought to be the place of humane or liberal studies, including political philosophy, in legal scholarship?"-cannot be answered well without thinking first about a series of more fundamental questions
attempts to explain foundational shifts in American political philosophy by delving into the earthy records of sexual crimes in seventeenth-century America. She charts the course of myriad court cases to ... eighteenth century.1 Norton's tidy scheme is not very convincing. She imports two political theorists-Locke and Filmer-from England. Yet, by focusing narrowly on colonial American law enforcement, she ignores
Harvard University, for making an attempt to build a coherent political philosophy using only the building blocks of aesthetics. The result is On Beauty and Being Just, based on the Tanner Lectures she gave ... exploring just what beauty can do for us when it is successful, Scarry, in her modest moments, hopes to enliven political philosophy by reintroducing aesthetic concepts to serve as a basis for justice. For
discipline has not focused on providing a theory-based in moral and political philosophy - of a right to health. ... political philosophy-of a right to health. 3. See Annas, supra note 2; Jonathan M. Mann, Health and Human Rights, 312 BRIT. MED. J. 924 (1996). See also the Canadian Supreme Court decision on the fight to
). Rather than recommending that refugees receive a temporary haven in the United States until hostilities in El Salvador abated and political conditions stabilized, the INS detained - essentially imprisoned ... : The Sanctuary Movement and Political Justice, 2 Yale J.L. & Human. (1990). Available at: https://digitalcommons.law.yale.edu/yjlh/vol2/iss2/7 1 Thi s Article si brought to you for free and open access
discrete legal or political controversies, Dalton's wide-ranging discussion illustrates the breadth of issues implicated by what Dalton characterizes as the "deep and abiding wound [of race, which] [i]f left ... open dialogue, according to this view, can the best ideas come to the fore.' An alternative view is that dialogue is essential to the processes of democracy.41 The political and social order of
The philosophy of disability has burgeoned into a field of its own. Like the general field of disability studies, it hosts a multiplicity of schools, expertise and methodologies. It is unified, if at ... implicitly present elsewhere in moral and political philosophy." However, they were only explicitly defended by a handful of philosophers who conceptualized (Licia Carlson said "exploited"'31 ) PWD as
The spring squall of 1991 about political correctness on campus has passed, leaving behind a muddy residue in the nation's political rhetoric. Although the squall initially may have seemed to develop ... from the other side of the political spectrum is instructive. Professor Sally Sedgwick of the Dartmouth philosophy department was the object of a scurrilous campaign against her by the DartmouthReview
Professor Kautz, a political theorist, tells lawyers to stick to our lasts. We ought to do only law and refrain from seeking assistance from political theory. This is not, however, because we are
Has modem philosophy taken a "practical turn?" If such a turn requires the first emphasis on practicality, then probably not. Prior philosophy has not discarded or neglected practicality. But a "turn
American political values and institutions, both proponents and opponents of the legislation, within Congress and without, acknowledged that it contradicted two cardinal tenets of the nation's republican ... vaunted ideal of independence and the capacity for disinterested civic virtue and political participation in the ownership of real property. 23 In western law, economics, and philosophy, the freedom to 23
Theories of justice have not had much to say about the space in which it is administered. Renderings of justice are almost entirely conceptual. In political theory, abstractions about the state of ... political, legal, and moral philosophy. There was no state of nature, no time behind the veil. The local practice of justice via common-law reception well preceded insistence upon popular sovereignty. Indeed
philosophy. Here I wish to continue these analyses by focusing on the types of political ideas, values, and arguments America's governors used to defend gender discriminations in their citizenship laws, and to ... with women's traditional politically powerless status came in James Wilson's 1790-91 Lectures on Law. The lectures elaborated the comprehensive legal and political philosophy of the founding generation's
Modem historians of political thought, legal historians, critical legal theorists, and others regularly look to the seventeenth century as the "classic ... RILEY, WILL AND POLITICAL LEGITIMACY (1982); SHAPIRO, supra note 1, especially part 11; JAMES TULLY, AN APPROACH TO POLITICAL PHILOSOPHY: LOCKE IN CONTEXTS (1993), especially ch. 9. 14. GROTIUS
the broader culture, namely, the end of the forty-year reign of Elizabeth, a woman ruler, and an ensuing backlash against female political power. In sum, I will show that placing the play's legal ... . 57 (Harold Jenkins ed., Methuen 1982) (1603). 3. See ERNST KANTOROWICZ, THE KING'S Two BODIES: A STUDY IN MEDIAEVAL POLITICAL PHILOSOPHY (1957). 4. Id. 5. SHAKESPEARE, supranote 2, at act 4, sc. 2,11
Although few would dispute that law and philosophy developed from the same tradition or even that law uses philosophical concepts, a premise of much legal scholarship is that law has developed its ... reflect, in part, a feeling that philosophy is more esoteric or difficult than law, and that lawyers are ill-equipped to venture into philosophical thickets. It is true, of course, that philosophers often
young people are building movements that change norms and policies at national and global levels (Anyiwo et al., 2020) and can transcend structural barriers to political participation, such as the ... , in which youth learn about the root causes of systems of inequity; political efficacy, in which youth become empowered to create sociopolitical change; and sociopolitical action, where youth resist
delineation of a political conflict between maternal authority on the one hand and daughterly resistance on the other, in an attempt to understand something about how the nation-state "interpellates" the female ... a sign of academic feminism's inheritance of bourgeois political philosophy that the recovery and celebration of individual women "artists" as heroines of history should be regarded as a feminist act
exclusively from the text of the Constitution, restricted to its original meaning or to the ascertainable intent of the Framers, subsumed under political theories showing the structure or aims of ... under evaluation. Marxists, for example, interpret literature and art according to the doctrines of historical materialism, class struggle, and alienation internal to their political philosophy. 27 While
