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political expression of servicemembers (“SMs”) in the Armed Forces, whether they are active- duty members or National Guard or Reserves serving on active duty. These restrictions, while well-intentioned to ... well-intentioned to prevent actual or apparent political partisanship or bias within the military, have the undesired effect of deterring SMs from otherwise healthy political expression. With the advent
jurisprudence and political philosophy, and thinkers across the political spectrum have appealed to it in various forms. For example, the social Darwinism of Herbert Spencer, which influenced the Lochner-era
that political institutions play in democracy, Dworkin fails to take his own method far enough. In particular, he limits his constructive interpretation of democracy to the practice of voting ... political community we risk losing grasp of an important aspect of democracy’s value. 9 What is Equality?, supra note 1, at 29. 2018] I. THE METHODOLOGY OF CONSTRUCTIVE INTERPRETATION Dworkin’s philosophy
another in the same society.16 While insightful, these prescriptive arguments in political and moral philosophy put positivist theory itself in the position of being entangled with morality, the very field ... arguments) from political or moral philosophy. The Midas Theory says that when the law seems to adopt conceptions from other domains of knowledge, the law is actually creating a legal analogue, an
History Commons, Legal The ory Commons, Metaphysics Commons, Other Philosophy Commons, and theRule of Law Commons 1 Thi s Article is brought to you for free and open access by the Law School at Washington ... philosophy and that this conception poses a single basic problem. As everyone who is but a little familiar with Kant’s writings knows, this is definitely not the case. There are already in his theoretical
contract theory and of political constructivism more generally as an approach to understanding what it means to say that a legal norm, particularly a human rights norm, is of fundamental importance to the ... human rights norms‘ peremptory character lies at the crossroads between legal doctrine and political philosophy, and raises theoretical questions: Rather close to natural law is the notion of jus cogens
Philosophy , Virginia Tech , USA 2 Jurisprudence Commons , Law and Philosophy Commons, Legal History Commons, Legal Theory 3 Part of the Ethics and Political Philosophy Commons , Indian and Aboriginal Law ... The papal discovery doctrine fell subject to broader, more trenchant criticism in the realm of philosophy than in the political arena. Early in the sixteenth century, disaffection emerged within Spanish
contract theory and of political constructivism more generally as an approach to understanding what it means to say that a legal norm, particularly a human rights norm, is of fundamental importance to the ... human rights norms‘ peremptory character lies at the crossroads between legal doctrine and political philosophy, and raises theoretical questions: Rather close to natural law is the notion of jus cogens
. in Political Science & Integrative Studies from the University Part of the Aesthetics Commons; Jurisprudence Commons; and the Legislation Commons - AMERICAN LAW AS ART: AN AESTHETIC JUDGMENT ABE C ... Political Science & Integrative Studies from the University of North Texas, Class of 2018. A quick thanks to Sam Blankenship, Galen Knowles, and Luke Tepen for their help with this Note. 1. Dennis Dutton
Utilitarianism provides the best analytic framework for “minimum contacts” analyses in multi-state mass tort litigation. Utilitarianism is a consequentialist ethical philosophy contending that one ... . 4. See Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1780–81 (2017). 5. See id. at 1776. 113 INTRODUCTION The first section of this note, titled “Background,” explores the philosophy
disobedience also avoids theoretical problems when confronted with general jurisprudence questions pertaining to the concept of law, and avoids practical problems, namely, sleight-of-hand political maneuvering. ... TO THE PHILOSOPHY OF LAW (2014). 38. Id. at 1–5. 39. Bulman-Pozen and Pozen disclaim any interest in wading into “analytic jurisprudence and political philosophy debates over the nature of legal
of political economy and the greater concerns for society and was transformed into an inquiry of efficiency alone. In so doing, greater legal relevancy was traded for empirical certainty. This Note ... economic inquiry. The evolution of economics from its philosophical origins to an empirical scientific discipline is important to the analysis of this Note.' 1. Greek Philosophy The ancient Greek
the perspectives of moral philosophy and law, examining how the theories of the former inform and influence legal discourse and practices (including the recent cases of Citizens United and Hobby Lobby ... Ethics Commons, Business Organizations Law Commons , Jurisprudence Commons, Law and Philosophy Commons, and theLegal Theory Commons 1 This Article is brought to you for free and open access by the Law
. Reactive approaches are predominantly informed by moral theories about the conditions under which punishment is legitimate. In contrast, proactive approaches call for a political theory of punishment as a ... punishment as a legitimate practice of polities. This Article integrates the reactive and proactive approaches by bridging the divide between moral and political theories of punishment. Using the
. Reactive approaches are predominantly informed by moral theories about the conditions under which punishment is legitimate. In contrast, proactive approaches call for a political theory of punishment as a ... punishment as a legitimate practice of polities. This Article integrates the reactive and proactive approaches by bridging the divide between moral and political theories of punishment. Using the
political concept of legal duty, cosmopolitanism, and minimalist legal cosmopolitanism. In Part II, I illustrate the subversive implications of value pluralism for the political concept of duty and for ... information , please contact , USA - 28 U.S.C. § 1605(A). historically relied on a political concept of legal duty, which maintains that moral and legal duties are defined by political association.6 Under
, Land Use Law Commons , Law and Philosophy 4 Part of the Constitutional Law Commons, Energy and Utilities Law Commons , Ethics and Political Follow this and additional works at: https ... Theory Commons, Natural Resources Law Commons, and the Oil, Gas, and Mineral Law 2 J.D. Candidate, Washington University School of Law , Class of 2021 , USA 3 Philosophy Commons, Jurisprudence Commons
For a long time philosophy has been unique among the humanities for seeking closer alliance with the sciences. In this Article I examine the place of science in relation to legal positivism. I argue ... Commons, Legal The ory Commons, Philosophy of Science Commons, Public Law and Legal The ory Commons, and theRule of Law Commons 1 Thi s Article is brought to you for free and open access by the Law School
Beiner, Hannah Arendt on Judging, in Hannah Arendt, Lectures on Kant’s Political Philosophy 89–156 (Ronald Beiner, ed., 1982). Beiner gathered material published by Arendt from which he draws a speculative ... law. I take a familiar tack in contemporary hermeneutical philosophy by rejecting the tendency to assume that one must choose between striving to achieve objective truth as apprehended in the “view
political theory, although fundamentally unique, falls within the category of natural law theories similar to Locke’s.46 It is my opinion that Kant’s philosophy aligns with the classical liberalism of the ... that might in fact serve to obscure structural injustice.”67 It is important to note that while Kant’s political philosophy protects against moral and arbitrary legislation, he himself condemned same
