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  1. Azizah al-Hibri (2014). Developing Islamic Jurisprudence in the Diaspora: Balancing Authenticity, Diversity, and Modernity. Journal of Social Philosophy 45 (1):7-24.
  2. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, between 1993 and 1995 (...)
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  3. Raul Ceruti, El Iurisnauta - Geografías.
    Una indagación acerca de las ficciones de unidad en el Derecho, los haces de imputación correspondientes a sus diferentes ramas, y la detección de puntos ciegos en el Derecho. Tesis de Maestría en Elaboración de Normas (Universidad de Buenos Aires).
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  4. Francesco Ciusa & Iván Vargas-Chaves (2013). Consideraciones críticas en la doctrina legal italiana sobre los Digital Rights Management. Principia Iuris 19:325-340.
    El uso de los DRM plantea una serie de problemas debido a posibles conflictos con otras áreas de la gestión de los bienes inmateriales, tales como el derecho de autor en primer lugar, así como el derecho de competencia, los datos personales y el régimen del consumo. El derecho comunitario europeo por su parte no ha sido ajeno a toda esta problemática, y según se analiza, con el paso de los años ha adoptado una postura que denota cada vez una (...)
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  5. Perry Dane (2008). West Virginia State Board of Education V. Barnette, 319 U.S. 624 (1943). In David Spinoza Tanenhaus (ed.), ENCYCLOPEDIA OF THE UNITED STATES SUPREME COURT.
    This entry in the Encyclopedia of the Supreme Court of the United States (David S. Tanenbaus, Editor-in-Chief) discusses the landmark decision in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). Barnette held that students have a constitutional right to refuse to salute the flag or recite the pledge of allegiance. The case marks an important moment in free speech jurisprudence and in the Supreme Court's treatment of the relationship between individual conscience and the state. It is (...)
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  6. Perry Dane (2000). Pluralities of Justice, Modalities of Peace: The Role of Law(s) in a Palestinian-Israeli Accommodation. Case Western Reserve Journal of International Law 32:273-285.
    This Article was written during the last days of Bill Clinton’s presidency as negotiations toward an Israeli-Palestinian settlement seemed to be on track toward some sort of agreement. The Article responds to the argument made by Professor John Quigley that certain elements of the anticipated compromises on such issues as borders, settlements, displaced persons, and Jerusalem would violate Palestinian rights under international law that were beyond the power of the Palestinian authorities to negotiate away. -/- My article only briefly responds (...)
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  7. Perry Dane (1996). Constitutional Law and Religion. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
    This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...)
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  8. Perry Dane (1996). Conflict of Laws. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
    This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...)
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  9. Jude P. Dougherty (1983). Social Order and the Limits of Law. Review of Metaphysics 37 (1):126-127.
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  10. Christopher Dunn (2011). Clarifying the View of the Cathedral: The Four Dimensions of the Framework and Calabresi Theorem. BocconiLegalpapers.Org:1-72.
    This work describes a seminal framework of law by one of the founders of the field of law and economics, Judge Guido Calabresi. It broadens what is known as the framework of law among legal scholars, and posits a calabresi theorem which is developed and explained, in part, in comparison to the coase theorem. The framework provides policymakers a tool for creating balanced policies.
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  11. Alekandar Fatic, Srdjan Korac & Aleksandra Bulatovic (2013). • Etika kriminalističko-obaveštajnog rada ( Ethics of Criminal Intelligence).
    The book lays out a comprehensive professional ethics for criminal intelligence professionals, focusing on personal responsibility and the moral obligation by the state to build sufficient capacity in criminal intelligence operatives to make competent moral decisions while using discretion.
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  12. Aleksandar Fatic, Srdjan Korac & Aleksandra Bulatovic (2011). • Etički standardi za kriminalističko-obaveštajni rad (Ethics Standards for Criminal Intelligence).
    This is a guide for building specific ethics standards for the criminal intelligence service which can be used for in-house arbitration, facilitation or adjudication of ethics issues.
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  13. Georgi Gardiner (2016). In Defence of Reasonable Doubt. Journal of Applied Philosophy 33 (3):n/a-n/a.
    In criminal trials the state must establish, to a particular standard of proof, the defendant's guilt. The most widely used and important standard of proof for criminal conviction is the ‘beyond a reasonable doubt' standard. But what legitimates this standard, rather than an alternative? One view holds the standard of proof should be determined or justified – at least in large part – by its consequences. In this spirit, Laudan uses crime statistics to estimate risks the average citizen runs of (...)
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  14. David Gindis (forthcoming). Legal Personhood and the Firm: Avoiding Anthropomorphism and Equivocation. Journal of Institutional Economics.
    From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, it is easy (...)
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  15. David Gindis (2009). From Fictions and Aggregates to Real Entities in the Theory of the Firm. Journal of Institutional Economics 5 (1):25-46.
    According to the dominant "nexus of contracts" and "collection of assets" views of the firm, the firm is a either a fiction or an aggregate. Although legal personality is important in both accounts, everything is said to be achieved by private contract alone and the law's role in creating legal entity status is dismissed. The paper challenges both these aspects by reconsidering an alternative "real entity theory" that dominated debates at the turn of the twentieth century. This forgotten view holds (...)
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  16. Olgierd Andrzej Górecki (2013). Obrona państwa ograniczonego. Polityczno-prawna doktryna Herberta Spencera. Wydawnictwo Uniwersytetu Łódzkiego.
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  17. Steven Greenblatt, Top Ten Principles for Executives and Managers in Sexual Harassment Law.
    Recent legal cases illuminate the parameters for scrutiny of the organizational climate to ensure that a hostile environment does not exist. The lesson to derive is that this inquiry is not just about sexual harassment.
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  18. F. E. Guerra-Pujol, Immoral Promises.
    The proposition that “promises ought to be kept is one of the most important normative ideas or value judgements in our daily lives. But what about “illegal promises”? That is to say, what about promises that are, legally or morally speaking, malum in se or inherently wrongful, such as voluntary exchanges that are inherently immoral or wrongful, like bribes, blackmail, murder, etc.? In short, what moral obligations, if any, do such promises impose? Although many of the greatest thinkers in Western (...)
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  19. David E. Guinn (2002). Faith on Trial: Communities of Faith, The First Amendment and the Theory of Deep Diversity. Lexington Books.
    This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation ...
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  20. J. Habermas (2002). Public & Private. Legal, Political and Philosophical Perspectives. Contemporary Political Theory 1 (1):125-127.
  21. William Hirstein & Katrina Sifferd (2011). The Legal Self: Executive Processes and Legal Theory. Consciousness and Cognition 20 (1):151-176.
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...)
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  22. Walter Horn (1992). A Guide to Allocating Resources Between Mediation and Adjudication. Justice System Journal 15 (3):824-841.
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  23. Andrew Ingram (2014). Breaking Laws to Fix Broken Windows: A Revisionist Take on Order Maintenance Policing. Berkeley Journal of Criminal Law 19 (2):112-152.
    Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...)
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  24. Nida Khan (2013). Advance Care Planning in Pakistan: Unexplored Frontiers. Asian Bioethics Review 5 (4):363-369.
    Advance Care Planning, of which Advance directive is only a part, is a process of planning for future medical care under circumstances of impaired decisional capacity. Advance care planning involves a structured discussion between patient and ideally their primary care physician to explore the goals of care in the context of current and hypothetical illness states, discusses treatment options in the context of these goals of care and finally articulates and docu- ments treatment and care preferences of the patient.1 Advance (...)
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  25. Kiyoung Kim (2015). Fiscal Administration and Public Sector. Acdemia.Edu.
    A fiscal administration shows the reality of government and public organization in their provision of public good or service for the citizen. It is an independent subject from the accounting, economic, political, and legal science, which is interdisciplinary and strives for any distinct goal of studies. A fiscal sustainability perhaps would be one ideal that this science would flounder to crystallize and hold out. The studies would be similar to the adjacent sciences, but could be defined ultimately for its unique (...)
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  26. Kiyoung Kim (2014). Two Illustrations From South Korea and Some Reflections About the Public Administration Studies: Are We Granted to Pillory the Ethics or Social Justice. International Journal of Philosophy 2 (4):48.
    Amidst the ideology, efficiency and bitter contention of international economy, the importance of leadership or public administration had long been under-stressed as an avenue for any better solution. Nonetheless, within a changing mode of interaction in the global community, an increasing ethos for the kind of common basis of ethics or agreement, at least in the level of class administrators or noble citizenry including the academicians, business leaders, bureaucrats and so, could be congruent for the public good on the national (...)
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  27. Justice M. D. Kirby (1986). Medical Technology and New Frontiers of Family Law. Journal of Law, Medicine & Ethics 14 (3-4):113-119.
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  28. Adam Kolber (2014). The Limited Right to Alter Memory. Journal of Medical Ethics 40 (10):658-659.
    We like to think we own our memories: if technology someday enables us to alter our memories, we should have certain rights to do so. But our freedom of memory has limits. Some memories are simply too valuable to society to allow individuals the unfettered right to change them. Suppose a patient regains consciousness in the middle of surgery. While traumatized by the experience and incapable of speaking, he coincidentally overhears two surgeons make plans to set fire to the hospital. (...)
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  29. Adam Kolber (2011). Give Memory-Altering Drugs a Chance. Nature 475 (7360):275-276.
    Several studies suggest that memories can be pharmaceutically dampened. For example, researchers recently showed that a drug called ZIP causes cocaine-addicted rats to forget the locations where they had regularly been receiving cocaine. Other drugs, already tested in humans, may ease the emotional pain associated with memories of traumatic events. Many are alarmed by the prospect of pharmaceutical memory manipulation. In this brief comment, I argue that these fears are overblown. Thoughtful regulation may someday be appropriate, but excessive hand-wringing now (...)
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  30. Adam Kolber (2002). Standing Upright: The Moral and Legal Standing of Humans and Other Apes. Stanford Law Review 54:163-204.
    The law typically treats great apes and other non-humans as property and not as persons. This is so, even though great apes have cognitive abilities that exceed those of some mentally-deficient humans. Nevertheless, these humans are entitled to the full range of personhood rights, while apes are entitled to none of them. Without attempting to resolve this discrepancy, I suggest more modestly that those rights we do extend to apes under the Animal Welfare Act might be more easily safeguarded if (...)
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  31. Adam J. Kolber (2011). The Experiential Future of the Law. Emory Law Journal 60:585-652.
    Pain, suffering, anxiety, and other experiences are fundamentally important to civil and criminal law. Despite their importance, we have limited ability to measure experiences, even though legal proceedings turn on such measurements every day. Fortunately, technological advances in neuroscience are improving our ability to measure experiences and will do so more dramatically in what I call “the experiential future.” In this article, I describe how new technologies will improve our assessments of physical pain, emotional distress, and a variety of psychiatric (...)
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  32. Adam J. Kolber (2010). Alternative Burdens on Freedom of Conscience. San Diego Law Review 47:919-934.
    We sometimes exempt people from generally applicable laws when compliance would violate their rights of conscience. In “The Significance of Conscience,” Kent Greenawalt discusses a variety of issues about the proper scope and subject matter of claims of conscience. He argues that we should generally give nonreligious claims comparable treatment to religious claims but argues further that there are special reasons to accommodate religious claims that ought to factor into our deliberations. In this brief comment, I discuss Greenawalt’s analysis and (...)
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  33. Adam J. Kolber (2009). The Subjective Experience of Punishment. Columbia Law Review 109:182.
    Suppose two people commit the same crime and are sentenced to equal terms in the same prison facility. I argue that they have identical punishments in name only. One may experience incarceration as challenging but tolerable while the other is thoroughly tormented by it. Even though people vary substantially in their experiences of punishment, our sentencing laws pay little attention to such differences. I make two central claims: First, a successful justification of punishment must take account of offenders' subjective experiences (...)
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  34. Adam J. Kolber (2009). How to Improve Empirical Desert. Brooklyn Law Review 75 (2):433-461.
    According to empirical desert advocates, lay moral intuitions are consistent with retributive approaches to punishment, and policymakers can increase compliance with criminal justice policies by punishing in accord with those intuitions. I offer three challenges to empirical desert intended ultimately to strengthen its theoretical underpinnings: First, advocates have cherry-picked certain moral intuitions, while ignoring others. Second, they have yet to demonstrate the weight to assign the compliance induced by empirical desert relative to the weight of other consequentialist considerations. Third, empirical (...)
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  35. Adam J. Kolber (2006). Therapeutic Forgetting: The Legal and Ethical Implications of Memory Dampening. Vanderbilt Law Review 59 (5):1561-1626.
    Neuroscientists have made significant advances in identifying drugs to dampen the intensity of traumatic memories. Such drugs hold promise for victims of terrorism, military conflict, assault, car accidents, and natural disasters who might otherwise suffer for many years from intense, painful memories. In 2003, the President's Council on Bioethics released a report entitled Beyond Therapy: Biotechnology and the Pursuit of Happiness, which analyzed memory dampening in some detail. While the Council acknowledged the potential benefits of memory dampening, some Council members (...)
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  36. A. Kostruba (2013). The understanding of right depriving jural facts in respect to the reasons of deprivation of right of property: Legal civil aspect. Liberal Arts in Russia 2 (5):448--457.
    The analysis of approaches to understanding of jural facts is accomplished in the article. The definition of right depriving jural facts in civil law is brought. It’s researched the classical for Roman-Germany legal system reasons for deprivation of right of property and the concrete actions or events that deprive such a right are analyzed. All examined facts of property rights deprivation could be classified and arranged into four basic groups: cessation of the property existance (destruction of property), cessation of the (...)
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  37. Daniel Lee (2013). Roman Law, German Liberties, and the Constitution of the Holy Roman Empire. In Quentin Skinner & Martin Van Gelderen (eds.), Freedom and the Construction of Europe. 256-273.
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  38. Daniel Lee (2008). Private Law Models for Public Law Concepts. Review of Politics 70.
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  39. Luis (2016). Marchili. Author's Edition.
    The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.
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  40. Fabrizio Macagno & Douglas Walton (2010). Dichotomies and Oppositions in Legal Argumentation. Ratio Juris 23 (2):229-257.
    In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other hand, they are (...)
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  41. Fabrizio Macagno & Douglas Walton (2009). Argument From Analogy in Law, the Classical Tradition, and Recent Theories. Philosophy and Rhetoric 42 (2):154-182.
    Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...)
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  42. James A. Macleod (forthcoming). Belief States in Criminal Law. Oklahoma Law Review 68.
    Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens rea (...)
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  43. Raamy Majeed (2016). From Zombie Art to Dead Art. Think 15 (43):25-37.
    Zombie art, or salvage art, are artworks that are damaged beyond repair, deemed by insurance companies, and removed from the market and stored at claims inventories due to their purported loss of value. This paper aims to make sense of the notion of zombie art. It then aims to determine whether artefacts that fall under this concept retain any aesthetic value, and whether they can genuinely cease being artworks, i.e. be dead art.
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  44. Xavier Mera (2013). Credit Default Swaps, Contract Theory, Public Debt, and Fiat Money Regimes: Comment on Polleit and Mariano. Libertarian Papers 5 (2):217-239.
    In this paper, I show that Polleit and Mariano (2011) are right in concluding that Credit Default Swaps (CDS) are per se unobjectionable from Rothbard’s libertarian perspective on property rights and contract theory, but that they fail to derive this conclusion properly. I therefore outline the proper explanation. In addition, though Polleit and Mariano are correct in pointing out that speculation with CDS can conceivably hurt the borrowers’ interests, they fail to grasp that this can be the case only in (...)
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  45. Peter Mercer, Terra Strong & Margaret Ann Wilkinson, The Practice of Ethical Precepts: Dissecting Decision-Making by Lawyers.
    The article describes the context for a major piece of interdisciplinary research undertaken in Ontario, Canada investigating whether the nature of ethical behaviour was changing over time: whether professionalism or profit was driving the behaviour of lawyers. The project had both conceptual and philosophical aspects and an empirical investigation. Previous research on professional ethics is canvassed, including studies of medical ethics, and the particular problems associated with research about the legal profession are identified. The full methodology of the empirical aspect (...)
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  46. Andrew Stumpff Morrison, The Uncertain Relation Between Coherence and Renown: Ronald Dworkin Reconsidered.
    The article presents a critical reassessment of the legal philosophical writings of Ronald Dworkin. Relying in part upon the author’s previous argument that law is – contra the recent near-consensus – best understood as “the command of the sovereign, backed by force,” the author identifies fundamental difficulties, and ultimately incoherency, in Dworkin’s work.
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  47. Andrew Stumpff Morrison (forthcoming). Law is the Command of the Sovereign: H.L.A. Hart Revisited. Ratio Juris 2015.
    This article presents a critical reevaluation of the thesis – closely associated with H.L.A. Hart, and central to the views of most recent legal philosophers – that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force”. This follows in part from recognition that the “ sovereign ”, defined rigorously, at the highest level of abstraction, is (...)
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  48. Andrew Stumpff Morrison (2013). The Law is a Fractal: The Attempt to Anticipate Everything. Loyola University Chicago Law Journal 44:649-681.
    Define an inappropriate rule as a rule that, if followed literally, would in at least some cases produce results that can be concluded with reasonable certainty to have been unintended by and unacceptable to even the rule’s author. Even under this definition, it is impossible for a rule writer to write an appropriate and objective rule to cover every situation in advance. Rule-writers nonetheless act today as though they were unaware of this long-acknowledged impossibility of perfect advance enumeration, and their (...)
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  49. Stephen J. Morse (2008). Psychopathy and Criminal Responsibility. Neuroethics 1 (3):205-212.
    This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.
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  50. Thomas Nadelhoffer (2011). Neural Lie Detection, Criterial Change, and OrdinaryLanguage. Neuroethics 4 (3):205-213.
    Michael Pardo and Dennis Patterson have recently put forward several provocative and stimulating criticisms that strike at the heart of much work that has been done at the crossroads of neuroscience and the law. My goal in this essay is to argue that their criticisms of the nascent but growing field of neurolaw are ultimately based on questionable assumptions concerning the nature of the ever evolving relationship between scientific discovery and ordinary language. For while the marriage between ordinary language and (...)
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