Theories of coercion exist across multiple disciplines to explicate the ability of one actor, the coercer, to diminish the free will of another, the coercee, in the absence of overt physical force. A valid claim of coercion places legal blame on the coercer or relinquishes the coercee from legal responsibility for a coerced act or omission. Defining the point at which coercion occurs, however, is the conceptually more difficult task. Recently, coercion has emerged as a significant source of analytic concern in a developing area of the law-contemporary involuntary labor or human trafficking. It is in this setting where coercion is explicitly codified as a fundamental legal element in human-trafficking crimes. However, the laws addressing human trafficking continue to struggle with deline...
In addition to developing the import of these legal insights for interpretation of the Phenomenology, I will also suggest that forgiveness's resolution of the failed legal frameworks is helpful in the context of the contemporary skepticism (exhibited by feminist, race-theorist, queer, communitarian, and democratic perspectives, among others) regarding the purported critical efficacy and neutrality of legalism and the connection of legal advocacy with the "natural" aspects of human identity. In order to construct the ground upon which to show the relevance of Hegel's theory of forgiveness to his theory of law, I will discuss: a the forms of social life in the Phenomenology that are organized according to law and right; b forgiveness' resolution of the difficulties they confront; and c t...
The second principle is that the law is a "pure" or autonomous science operating under its own axioms which do not depend for validity on any other discourse such as sociology or ethics. [...] theories of natural law are rejected by Kelsen because they tie the validity of the positive law to a higher level moral theory. [...] Kelsen will argue that "'truth claims have to be checked at the door' in order to 'preserve democratic politics by not insisting on the lightness of a set of values.'" Yet this idea is precisely the valueneutrality which in the 1930s contributed to the demise of that liberal constitutional order in Europe which Kelsen had sought so passionately to uphold. -
... between Kelsen's legal and political philosophy, demonstrating how Kelsen's theory of law serves t...
... Reichman has recently said that "cinematic theory can tell us something meaningful about the product...Recent continental philosophy has taken on this line of questioning, specificall...
..., more broadly associated with the philosophy of law. Legal philosophy has many branches, with f...Bentham's theory, known as UTILITARIANISM, continues to influence l...
...A Methodological Suggestion 4. Legality as a Normative Notion B. The Internal Point of Vie... legal positivism from natural law theory. They tell us that natural lawyers assert and posi...There is a familiar view in philosophy that an analysis of a concept should not beg any n...
..., which might be termed the coercion theory of distributive justice. (1) On this account, a co... as a coercive agent, which uses its legal machinery to coercively define relative shares amo... freestanding argument within political philosophy. It would be too much to expect, in the present co...
Introduction I. Aesthetics And Law II. Aesthetics Of Commercial Law A. The Energy Aesthetic B. The Grid Aesthetic C. The Instrumentalist Aesthetic III. The Sublime And The UCC IV. COnsequences Of Aesthetics Of Commercial Law A. Common Refrains Against Reform B. The Export of U.S. Commercial Law Models 1. One Theory of Imperial Law 2. Resisting Imperial Dualism Conclusion
... to consider these suppressed elements as legal professionals applaud U.S. commercial law's facili... fidelity to a particular branch of philosophy. The question arises: Is it legal aesthetics that ...
The antecedents for this style of totalizing and foundational theoretical thinking go back to Descartes, Newton, Galileo, and Kant where abstraction, mechanical predictability, and indubitable certainty were ensconced as the prescription for intelligent problem solving.14 Despite warnings by scholars, in fields from philosophy to law, of the dangers of abstract grand theory in a complicated world,15 one will continue to encounter grand theories and grand theorists at every turn.16 Indeed, in recent years, whenever international problems are broached, grand theorists of one stripe or another are likely to offer their architectonic solutions for solving the particular issue through proposals for new global authorities, supranational bodies, or a reconstituted global government. On balanc...
...Overcoming legal and economic barriers to international labor migra...
[...] that challenges the age-old distinction between theory and praxis, Levinas asserts that philosophy answers to a more fundamental ethical exigency which all humans undergo, "practically," all the time. [...] through bringing the later ethico-political philosophy of Albert Camus in The Rebel into an engagement with the more widely known ethical philosophy of Emmanuel Levinas, I will contest the lasting silence concerning Camus's political philosophy in philosophical literature.1 Secondly, I argue that Camus's account of political subjectivity in L'Homme Revolte decisively anticipates that later expounded by Levinas.
... the rubric of conceptual and/or moral or legal norms. Levinas insists that ethics can never be re...
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