Justifying Judgment

Author: Vincent Joseph Samar
Publisher:
ISBN:
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Practicing Law and Philosophy Vincent Joseph Samar. that the system is just.
Failing to recognize this explains why some scholars commit a methodological
error when they attempt to resolve very hard cases from within the legal point of
view. The problem is that these cases are calling into question the very system
that is being relied upon to resolve them. Positivists, for example, who banally
hold that a developed legal system will always include a metarule — in the sense
of an ...

Queer Philosophy

Author: Raja Halwani
Publisher: Rodopi
ISBN: 9042035609
Size: 11.68 MB
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He holds a PhD in Philosophy from the University of Chicago, an LLM from
Harvard Law School, and JD/MPA from Syracuse University. He is the author of
Justifying Judgment: Practicing Law and Philosophy (1998) and The Right to
Privacy: Gays, Lesbians and the Constitution (1991), and editor of New York
Times, 20th Century in Review (2001) in addition to numerous articles and
reviews on matters of law, philosophy, same-sex marriage, gay rights, and
human rights. A long time ...

Legal Theory And The Legal Academy

Author: MaksymilianDel Mar
Publisher: Routledge
ISBN: 1351560506
Size: 43.67 MB
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Philosophy of Law (Macmillan, 1993); Joel Feinberg and Hyman Gross (eds.)
Philosophy of Law (Wadsworth, 5th ed., 1995); Stephen Hicks (ed.), Modern
Legal Theory: Problems and Perspectives (Rothman & Co., 1998); Mark C.
Murphy, Philosophy of Law (Blackwell Publishing, 2006); David Dyzenhaus and
Arthur Ripstein (eds), Law & Morality: Readings in Legal Philosophy (University
of Toronto Press, 2d ed., 2001); Vincent J. Samar, Justifying Judgment: Practicing
Law and ...

Gewirthian Perspectives On Human Rights

Author: Per Bauhn
Publisher: Routledge
ISBN: 1317232615
Size: 58.70 MB
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... MA in public ethics thesis on the living conditions of people suffering mental
illness using Alan Gewirth«s theory of human rights as her philosophical
framework. Vincent J. Samar is an Adjunct Professor of Law at the Illinois Institute
of Technology, Chicago-Kent College of Law and an Adjunct Professor of
Philosophy at both Loyola University Chicago and Oakton Community College.
He is the author of Justifying Judgment: Practicing Law and Philosophy (
University Press of Kansas, ...

An Introduction To Glbt Family Studies

Author: J Jerry Bigner
Publisher: Routledge
ISBN: 1136424644
Size: 44.10 MB
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Vincent J. Samar, JD, is an adjunct professor of philosophy at Loyola University
and Oakton Community College and an adjunct professor of law at the Illinois
Institute of Technology, Chicago-Kent College of Law. He is the author of
Justifying Judgment: Practicing Law and Philosophy; The Right to Privacy; and
The Right to Privacy: Gays, Lesbians, and the Constitution, as well as numerous
articles relating to gay rights and legal philosophy. He is also the editor of New
York Times, 20''' ...

Fundamental Rights And Democratic Governance

Author: Simeon C. R. McIntosh
Publisher: Ian Randle Publishers
ISBN: 9768167432
Size: 16.28 MB
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Samar, Vincent J.: Justifying Judgment: Practicing Law and Philosophy.
Lawrence: University Press of Kansas, 1998. Sandel, Michael J.: Democracy's
Discontent. Cambridge: Belknap Press, 1996. _____. 'Moral Argument and
Liberal Toleration: Abortion and Homosexuality.' In Morality, Harm and the Law
110, Gerald Dworkin ed. Boulder, Co: Westview Press, 1994. _____. Liberalism
and the Limits of Justice. Cambridge: Cambridge University Press, 1982. Sarat,
Austin: 'Capital ...

Essential Law For Social Workers

Author: Robert G. Madden
Publisher: Columbia University Press
ISBN: 0231508999
Size: 63.73 MB
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Mental health advance directives: A false sense of autonomy for the nation's
aging population. Elder Law Journal 9:53–81. Sales, B. D. and D. W. Shuman.
1996. The newly emerging mental health law. In B. D. Sales and D. W. Shuman,
eds., Law, mental health, and mental disorder, pp. 2–14. Pacific Grove, Calif.:
Brooks/Cole. Saltzman, A. and K. Proch. 1990. Law in social work practice.
Chicago: Nelson-Hall. Samar, V. J. 1998. Justifying judgment: Practicing law and
philosophy.

Philosophical Foundations Of Tax Law

Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Size: 49.59 MB
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A. Institutions as the Object of Projective Judgments of Justice One distinctive
feature of Rawls's account of justice is that it incorporates the need for, and the
making of, these sorts of projective judgments in a particular structured way. The
basic idea is set out in Rawls's early paper 'Two Concepts of Rules': Rawls
distinguishes between (1) the justification of a practice—that is to say, the roles
that it creates and the 'moves' that it permits—and (2) the justification of a
particular action ...

Common Sense And Legal Judgment

Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552316
Size: 33.45 MB
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Community Knowledge, Political Power, and Rhetorical Practice Patricia
Cochran. Political ... At the same time, common sense calls on judges to be bold
in their thorough exercise of human judgment; it does not permit the abdication of
judgment to a system of rules or the opinion of an expert. ... For Reid's aspect of
common sense, this theme of judgment and justification emerges in a nascent
way through his juxtaposition of common sense with philosophical “systems” and
expertise.

Natural Law And Modern Moral Philosophy Volume 18 Social Philosophy And Policy

Author: Fred D. Miller, Jr
Publisher: Cambridge University Press
ISBN: 9780521794602
Size: 54.44 MB
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We might think of these considerations as the additional functions served by the
law of a case once a decision has been reached ("additional" because the basic
function essential to the law of a case, irrespective of whether a judge has
actually decided the matter, is the fixing of the legal rights and duties of the
parties). Such considerations supporting resjudicata may well be so strong that
they almost always justify both a judge in refusing to "overrule" a prior ruling on
the law of a case ...