VOLUME 1(1) • 2009
THE LEGAL IMPLICATIONS OF WITTGENSTEIN’S TREATMENT OF RULE-FOLLOWING IN PHILOSOPHICAL INVESTIGATIONS
ABSTRACT. Patterson notes that Wittgenstein explicitly rejects the idea that understanding or grasping a rule is a matter of interpretation. Marmor claims that Wittgenstein’s concern with what following a rule consists derives from his conception of meaning. Morawetz states that the difference betwe..
THE ADVENT OF DIGITAL TECHNOLOGIES AND INTELLECTUAL PROPERTY LAW
ABSTRACT. Zheng and Xue assert that China’s entry to the WTO significantly influenced the speed and scope of the development of the Chinese IP law system. Samuelson and Davis claim that today’s information infrastructure is a remarkably powerful medium for publishing information and the world’s larg..
THE NEED AND THE DIFFICULTY OF CHOOSING THE MOST PROPER CONCEPT OF CRIMINAL RESPONSIBILITY
ABSTRACT. Reisman claims that in liberal societies, the criminal law model presupposes some moral choice or moral freedom on the part of the putative criminal. Findlay stresses that terrorist violence and violent justice responses have much in common: while contextually dependant, both forms of viol..
JOHN RAWLS AND THE MORAL VOCATION OF LIBERALISM
ABSTRACT. John Rawls’ 1993 book Political Liberalism represents a major development of the ideas first worked out in his A Theory of Justice in 1971. The earlier book dealt primarily with issues of distributive justice, of how best to divide up the various goods a society has at its disposal. Politi..
HUMAN TRAFFICKING AS A VIOLATION OF AN INDIVIDUAL’S CIVIL RIGHTS
ABSTRACT. Bertone states that trafficking for sexual and labor exploitation has taken place for centuries. Aghatise gives an overview of the problem of trafficking for prostitution in Italy. Lack presents human trafficking as a violation of an individual’s civil rights. Musacchio emphasizes that a d..
MEASURING THE CAPACITY OF PUNISHMENT TO PREVENT CRIMINAL CONDUCT
ABSTRACT. Wanless notes that given that the Rome Statute does not provide jurisdiction to try corporations for breaches of international criminal law, national jurisdictions might be used to fill this impunity gap. Akhavan contends that measuring the capacity of punishment to prevent criminal conduc..
SCHOLARLY JUDGMENT AS A SOCIAL PROCESS
ABSTRACT. Lamont shows that many contenders for prestigious fellowships are selected because of a combination of excellence and diversity considerations. Finkin and Post claim that no university currently deals with its faculty as if academic freedom of research and publication were an individual ri..
RESTORATIVE JUSTICE: SKETCHING A NEW LEGAL DISCOURSE
ABSTRACT. Restorative justice is emerging as an increasingly viable approach to criminal law around the world. Unlike traditional theories of justice – Kantian justice and utilitarian efficiency – restorative justice focuses on the private rather than the public effects of crime. This paper argues t..
HAYEKIAN NEO-LIBERALISM AND ACADEMIC FREEDOM
ABSTRACT. In the last two decades the techniques of the new public management (NPM) have become widely employed in universities throughout the world, especially but not only in the English-speaking nations, as the template for management of organizational units and of academic labour. The NPM origin..
LEGAL FORMALISM, AGENT-NEUTRALITY, AND COMPARATIVE JUSTICE
ABSTRACT. Several philosophers have argued recently that morally optimal rules of law authorize morally suboptimal decisions in certain cases. Should judges in such cases defer to legal rules or deviate from them? Formalists favor deference, particularists favor deviation. This paper partially suppo..
A THEORY OF DEEP DEMOCRACY AND ECONOMIC JUSTICE IN THE AGE OF POSTMODERNISM AND
ABSTRACT. The main purpose of this paper is to offer a somewhat novel theory of deep democracy and economic justice. Part of the novelty consists in considering radical uncertainty and indeterminacy under postmodern conditions. I claim that even under such conditions a plausible theory of deep democ..
THE COSMOPOLITAN FOUNDATIONS OF THE (KANTIAN) STATE
ABSTRACT. The paper argues that within a Kantian framework national law requires a foundation in cosmopolitan right. The foundational character of cosmopolitan right is most explicitly expressed in The Metaphysical Elements of Justice where Kant argues that public right necessarily includes three fo..