Advanced search    

Search: Political Philosophy

5,251 papers found. Showing first 1,000 results.
Use AND, OR, NOT, +word, -word, "long phrase", (parentheses) to fine-tune your search.

Fundamentals of Holmes Juristic Philosophy

Supreme Court 13. Id. at 214. 14. Pound, loc. cit. supra note 2, at 452. 15. Wu, loc. cit. supra note 10, at 531. 16. C.L.P. 310; Laski, The Political Philosophy of Mr. Justice Holmes (1931) 40 YALE L. J ... . 683. The following excerpt from Laski is a good summary of Holmes' attitude toward absolutist ideas, and of his general philosophy of law: "The keynote of Mr. Justice Holmes' political outlook is a

In Defense of Wrongful Life: Bringing Political Theory to the Defense of a Tort

In this Article, Post-doctoral Associate Michael Laudor defends the tort of wrongful life as a valuable cause of action by developing a philosophy that addresses issues of intergenerational justice

The Natural Law Due Process Philosophy

(though I will not address every point on which we disagree). The terms "natural law" and "legal positivism" have no stable meaning in contemporary legal, political, and philosophical discourse. It is

Public Reason and Political Justifications

hopes that this will help explicate the concept. In many regards, Rawls's moral and political philosophy is such an attempt to explicate the meaning and import of moral reasonableness-what reasonable ... considerations ought to be kept out of politics. For people have irresolvably conflicting philosophical and ethical beliefs too. Moreover, sometimes it may be wholly fitting within public political life for

The Legal Profession as a Blue State: Reflections on Public Philosophy, Jurisprudence, and Legal Ethics

public political philosophy into the analysis and offers a more nuanced account that explains the gradual erosion of the commitment to the public good that preceded its collapse. In addition to offering a ... world. It rejects the view that our actions are determined exclusively by material self-interest. Second, the essay does not provide a complete account of the history of public political philosophy

The Political Justification for Group Litigation

description and brief evaluation of models of democracy, see Amy Gutmann, Democracy, in 2 A COMPANION TO CONTEMPORARY POLITICAL PHILOSOPHY 521 (Robert E. Goodin et al. eds., 2007) (describing different theories ... comments on this piece. 1. I focus on the American class action and mass tort litigation models and on their legitimacy within the American political system. The legitimacy of international class actions

Nationalized Political Discourse

Several prominent efforts to emphasize the importance of the political arena as a forum for constitutional discourse assign little or no role to state institutions. Bruce Ackerman, for example, claims that ... low quality of national political discourse. They must notice the simplifications, the exaggerations, and the nastiness of presidential campaigns. They must shake their heads at the insincere posturing

Political Insider Trading

political spending. Therefore, adopting a similar common law fiduciary rule that Business Organizations managers must disclose the amount and target of political expenditures or refrain from engaging in ... Michael R. Siebecker* Should the same legal principles that prohibit insider trading require corporations to disclose their political spending as well? The question seems particularly important in light of

Critical Race Science and Critical Race Philosophy of Science

Over several decades, feminist philosophy of science has revealed the ways in which much of science has proceeded from “mainstream” assumptions that privilege men and other hierarchically

Families, Associations, and Political Pluralism

might have been otherwise, but it is not. I am not trying to do Kantian-style political or moral philosophy valid for "all rational beings" (whatever that might mean) but rather for the kind of beings we

Election Law and White Identity Politics

politics often lack sophistication, historical context, or foresight. The political status quo is treated as race-neutral, when in fact it is anything but. Specifically, the doctrines rely upon sanguine ... doctrines rely upon sanguine theories of democracy uncorrupted by white identity?based political calculations, while in fact such calculations, made on the part of both voters and political parties, are

Someplace Between Philosophy and Economics: Legitimacy and Good Corporate Lawyering

do more good than harm, or even that they are intended to do so. Too often, law in economic and commercial settings is the product of special interest haggling, political grandstanding, or bureaucratic

Originalism as a Political Practice: The Right's Living Constitution

Fordham L. Rev. 545 (2006). Available at: - Article 5 AS A POLITICAL PRACTICE: THE RIGHT'S LIVING CONSTITUTION Robert Post & Reva Siegel* To whatever ... . Bork, The Tempting of America: The Political Seduction of the Law 143, 159 (1990); Dennis J. Goldford, The American Constitution and the Debate Over Originalism 24 (2005); Richard H. Fallon, Jr., A

The Value of Friendship in Law and Literature

successfully channeling the anxiety of influence created by competing art forms. A good judicial opinion, therefore, is one which elevates the art of judging above strong competing arts such as philosophy and ... signified-Virtue-among friends. Friendship is a concern of political philosophy.9 1 Montaigne, who writes on friendship with the aplomb of Aristotle, posits that the soul is purified by the practice of

Control of Corporate and Union Political Expenditures: A Constitutional Analysis

came a public reaction to the economic and political abuses which were consequent upon this corporate concentration of wealth.1 Reforms took shape not only in income tax laws and in anti-trust

Political Parties and the Campaign Finance Laws: Dilemmas, Concerns and Opportunitites

Congress, as a group of successful, practical politicians, skilled in the operations of the political marketplace, is arguably the most expert. Concurrently, the election process constitutes an area where

Political Entanglement as an Independent Test of Constitutionality Under the Establishment Clause

the state. 150 In contrast to Jefferson, whose separatist philosophy arose from political theory, 151 Williams derived his separatism from theology. 152 He viewed a church infiltrated or established by

Political Entanglement as an Independent Test of Constitutionality Under the Establishment Clause

the state. 150 In contrast to Jefferson, whose separatist philosophy arose from political theory, 151 Williams derived his separatism from theology. 152 He viewed a church infiltrated or established by

Political Power and Judicial Power: Some Observations on Their Relation

Mark Tushnet* INTRODUCTION This Essay summarizes and perhaps extends slightly some important recent work, mostly by political scientists, on the structural relation between the array of political power

E.U. Citizenship and Political Rights in an Evolving European Union

what at the time seemed a daring proposition for the development of E.U. law: "[C]omplete assimilation with nationals as regards political rights is desirable in the long term from the point of view of a