OAI Archive: DigitalCommons@Pace
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100 entries most recently downloaded from the archive "DigitalCommons@Pace"
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- Does Hard Incompatibilism Really Abolish ‘Right’ and ‘Wrong’? Some Thoughts in Response to Larry Alexander.A. Humbach John - unknownIn a challenge to recent writings of Derk Pereboom and Gregg Caruso,3 Larry Alexander makes the following claim: If one accepts the Pereboom-Caruso “hard incompatibilist” view of choice, which regards blame and retributive punishment as morally unjustified because free will is an illusion, then “normativity completely disappears.” In making this claim, Professor Alexander appears to hold that the moral distinction between right and wrong conduct cannot effectively exist unless those who do wrong “deserve” to receive blame and punishment in response (...)No categories
- Law as Trope: Framing and Evaluating Conceptual Metaphors.Lloyd Harold Anthony - unknownLike others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.No categories
- Franz Kafka’s “Before the Law”: A Parable.Geoffrey L. Brackett - unknownDespite Francis Bacon’s cautionary note, I have always been a fan of parables, and perhaps the most poignant one to speak for perils of the legal profession is Franz Kafka’s “Vor dem Gesetz” , one of the relatively few works to be published in his lifetime. It was seen first in the almanac Vom Jüngsten Tag: Ein Almanach Neuer Dichtung in December 1915 before it was included in his novel Der Prozess , which was unpublished in his lifetime. He wrote (...)
- Nature’s Law: The Evolutionary Origin of Property Rights.Kathryn Loncarich - unknownThis article contributes to the outline of the origin of property rights set forth by Professor Krier, by more fully analyzing the role of evolutionary biology in the development of property rights. This article focuses on the pre-political formation of property ownership and the initial formation of concepts of property and ownership. Expanding on Krier’s analysis, this article considers the implications of this evolutionary foundation on our modern property regime, particularly given the growing chasm between the wealthy on one side (...)
- The Improbability of Positivism.Andrew Tutt - unknownRonald Dworkin’s contributions to legal philosophy have been subject to severe criticism in recent years. Other legal philosophers call his arguments “deflected or discredited,” laced with “philosophical confusions,” and “deeply embedded” mistakes. As Brian Leiter writes, “[t]he only good news in the story about Dworkin’s impact on law and philosophy is that most of the field declined to follow the Dworkinian path . . . .” This Article endeavors to show that, far from an effort beset with primitive errors, Dworkin’s (...)
- False Persuasion, Superficial Heuristics, and the Power of Logical Form to Test the Integrity of Legal Argument.Stephen M. Rice - unknownThis Article will generally describe philosophical logic, logical form, and logical fallacy. Further, it will explain one specific logical fallacy—the Fallacy of Negative Premises—as well as how courts have used the Fallacy of Negative Premises to evaluate legal arguments. Last, it will explain how lawyers, judges, and law students can use the Fallacy of Negative Premises to make and evaluate legal argument.