Topic
Moral Philosophy
Posts
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ArticleVol. 101 · Iss. 6
Criminal Law Minimalisms
What is criminal law minimalism? At first blush, minimalism appears to be the sober and sensible cousin of abolition. Where the language of abolition…
Benjamin Levin -
ArticleVol. 101 · Iss. 6
Does The State Have an Obligation Not To Enforce The Law?
Does the State have any obligation not to enforce its own law? Scholars have long debated whether and to what extent we—that is, us…
W. Robert Thomas -
ArticleVol. 101 · Iss. 6
What is Penal Minimalism?
How much and what kind of criminal justice do fair societies need? This question underlies many of the debates on the criminal legal system…
Máximo Langer -
ArticleVol. 101 · Iss. 1
Judicial Moral Prophecy
American judges decry past moral lapses as intolerable. They paint their predecessors’ worst mistakes as tragedies that must never be allowed to happen again.…
Daniel B. Rice -
ArticleVol. 100 · Iss. 2
Citizen Corp.–Corporate Activism and Democracy
Abstract Corporations are increasingly taking stands on a wide range of social issues: gun control, gender and race, immigration, abortion. Scholars have praised this…
Saura Masconale & Simone M. Sepe -
ArticleVol. 87 · Iss. 5
A No-Excuse Approach to Transitional Justice: Reparations As Tools of Extraordinary Justice
It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the…
David C. Gray -
ArticleVol. 87 · Iss. 3
Theorizing the Charitable Tax Subsidies: The Role of Distributive Justice
Distributive justice plays a starring role in many fundamental tax policy debates, from the marginal rate structure to the choice of base to the…
Miranda Perry Fleischer -
ArticleVol. 87 · Iss. 2
Is There a Law Instinct?
The widely held view is that legal systems develop in response to purposeful efforts to achieve economic, political, or social objectives. An alternative view…
Michael D. Guttentag -
NoteVol. 88 · Iss. 3
From Preservative to Transformative: Squaring Socioeconomic Rights with Liberty and the American Constitutional Framework
The U.S. Constitution is not designed to create legally enforceable socioeconomic rights. Despite growing consensus about the normative importance of judicial consideration of socioeconomic…
Micah Zeller -
ArticleVol. 88 · Iss. 3
Overcoming Tradeoffs in the Taxation of Punitive Damages
As explained in a companion piece, there is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount…
Dan Markel -
ArticleVol. 87 · Iss. 1
Trust & Transparency: Promoting Efficient Corporate Disclosure Through Fiduciary-Based Discourse
Could embracing the philosophy of “encapsulated trust” as the basis for a fiduciary duty of disclosure improve the integrity and effectiveness of corporate communications?…
Michael R. Siebecker -
ArticleVol. 94 · Iss. 6
Law, Religion, and the Purpose of the University
Americans are fond of unity talk: we see ourselves as “one nation, indivisible,” and in pursuit of “a more perfect union.” But much of…
John Inazu