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Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed 2019 Columbia University

Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed

Conference: The Social Practice of Human Rights

Human rights discourses are deeply embedded in an epistemic anthropocentricism that centers the human in human rights. However, conceptions of what constitutes the human are being eroded through the development of artificial intelligence, bio-hacking and transhumanism, all of which, support the emergence of new kinds of humans.These emergent humans include the enhanced human who possesses abilities that compel us to reconsider the parameters of humanness, as well as computer systems that demonstrate characteristics thought of as uniquely human. The blurring of the divide between human and machine therefore compels us to reconsider our understanding of the human in human ...


Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed 2019 Open Society Foundations

Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed

Conference: The Social Practice of Human Rights

Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Fiction In The Code: Reading Legislation As Literature, Thomas J. McSweeney 2019 William & Mary Law School

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Thomas J. McSweeney

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


The Unruliness Of Rules, Peter A. Alces 2019 William & Mary Law School

The Unruliness Of Rules, Peter A. Alces

Peter A. Alces

No abstract provided.


The Semantics And Pragmatics Of Legal Statements, Michael S. Green 2019 William & Mary Law School

The Semantics And Pragmatics Of Legal Statements, Michael S. Green

Michael S. Green

No abstract provided.


The New Eliminativism, Michael S. Green 2019 William & Mary Law School

The New Eliminativism, Michael S. Green

Michael S. Green

No abstract provided.


Prediction Theories Of Law And The Internal Point Of View, Michael S. Green 2019 William & Mary Law School

Prediction Theories Of Law And The Internal Point Of View, Michael S. Green

Michael S. Green

No abstract provided.


On Hart's Category Mistake, Michael S. Green 2019 William & Mary Law School

On Hart's Category Mistake, Michael S. Green

Michael S. Green

This essay concerns Scott Shapiro’s criticism that H.L.A. Hart’s theory of law suffers from a “category mistake.” Although other philosophers of law have summarily dismissed Shapiro’s criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro’s planning theory of law is that it can explain this phenomenon. Despite these sympathies, however, I end with the suggestion that Shapiro’s ...


The Real Legal Realism, Michael S. Green 2019 William & Mary Law School

The Real Legal Realism, Michael S. Green

Michael S. Green

No abstract provided.


International Law And Dworkin's Legal Monism, Michael S. Green 2019 William & Mary Law School

International Law And Dworkin's Legal Monism, Michael S. Green

Michael S. Green

No abstract provided.


Felix Cohen On Legislation, Michael S. Green 2019 William & Mary Law School

Felix Cohen On Legislation, Michael S. Green

Michael S. Green

Felix Cohen's and Walter Wheeler Cook's prediction theory of law was a fundamentally positivist theory, according to which the law of a jurisdiction is reducible to regularities of official behavior. Cohen used the prediction theory to argue for philosophical anarchism - that is, the view that the existence of law does not entail a duty, even a prima facie duty, of obedience. In particular, Cohen extended philosophical anarchism to adjudication. The fact that officials in a jurisdiction regularly behave in a certain way does not give a judge adjudicating a case a moral reason to do the same. In ...


Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green 2019 William & Mary Law School

Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green

Michael S. Green

In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.


Copyrighting Facts, Michael S. Green 2019 William & Mary Law School

Copyrighting Facts, Michael S. Green

Michael S. Green

No abstract provided.


Public Reason As A Public Good, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Public Reason As A Public Good, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton 2019 Texas A&M University School of Law

In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton

Stephen Alton

This Article opens with a discussion of Thoreau's philosophy of civil disobedience and then examines the ideas of four modem legal philosophers, Joseph Raz, Kent Greenawalt, John Rawls, and Ronald Dworkin, on the subject. Next, the Article compares the respective thinking of all five men regarding the circumstances that would justify the use of civil disobedience. To facilitate the comparison as well as to make it more relevant to the reader, the Article examines five related contemporary illustrations involving situations in which the use of civil disobedience might arguably be morally justified. This Article concludes with some general thoughts ...


Sexual Harassment Ndas: Privacy, Complicity, And The Paradox Of Blackmail, Scott Altman 2019 BLR

Sexual Harassment Ndas: Privacy, Complicity, And The Paradox Of Blackmail, Scott Altman

University of Southern California Legal Studies Working Paper Series

Harvey Weinstein and the #MeToo movement focused public attention on both sexual predation and the non-disclosure agreements (NDAs) that help it to persist. NDAs help repeat perpetrators avoid detection and punishment, increasing the risk of harm to future victims. At the same time, NDAs are thought to have benefits. They protect informational privacy interests of both perpetrators and victims, facilitate dispute settlement, and provide victims with larger settlement awards.

This article offers moral arguments against the supposed virtues of NDAs. Guilty perpetrators are not entitled to informational privacy about their wrongs. It might be thought that NDAs protect perpetrators from ...


Fair Precaution, Gregory C. Keating 2019 University of Southern California

Fair Precaution, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This book chapter briefly sketches a general framework which explains why questions of fairness have a natural salience when the imposition of risks of harm by some on others is at issue, and it applies that conception to major aspects of negligence law. Fairness comes to the fore because risk impositions require us to compare what those who impose the risks stand to gain, and those upon whom they are imposed stand to lose. Determinations of due care reconcile competing claims of liberty and security, for a plurality of persons. Fairly reconciling liberty and security requires reconciling them on terms ...


On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller 2019 Washington and Lee University School of Law

On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller

Russell A. Miller

Pierre Legrand's return to the pages of the American Journal of Comparative Law after nearly twenty years is cause for reflection on the reasons for this prolific comparatist's absence from one of the discipline's leading scholarly fora. One reason is the widespread disdain aimed at Legrand as a result of his persistent, sharply critical, and often pointedly personal crusade against the discipline's accepted approaches and their most prominent practitioners. This is partly the nature of the article he publishes in this collection, which features a no-holds-bared, uncomplimentary assessment of the work of James Gordley. In this ...


Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse 2019 University of Pennsylvania Law School

Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse

Faculty Scholarship at Penn Law

Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about ...


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