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The 2014 Natural Law Lecture at the University of Notre Dame Law School presents a balance of gain and loss in Jurisprudence since H. L. A. Hart. After noting first a loss, which is the feeling of confusion evinced by many authors in the tradition of analytical jurisprudence, each one of them...
The philosophy of law is not separate from ethics and political philosophy, but dependent upon them. It extends them by that special attention to the past (of sources, constitutions, contracts, acquired rights, etc.) whichfor reasons articulated by the philosophy of lawis characteristic of...
Many ethicists see equality as (a) a basic value, (b) a basic moral norm, or (c) a fact about persons underlying moral rights. Some thinkers have argued against (a) and (b). Here I apply and extend their insights. I apply them to a tradition that has long given equality a fundamental role: the...
In these pages, I seek to advance two arguments, a negative and a positive. The negative one is that leading accounts of foreseeability in duty-of-care-analysis fail to make sense of the requirement in question. And affirmatively, I shall argue that the foreseeability requirement reflects a...
This article argues that the parent-child relationship is the source of special obligations on the part of parents to direct the education and upbringing of their children. These special obligations correspond to the specific needs of children, and are the basis of parents' authority and the...
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