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  1. What is positivism in legal analysis?Damian Wayne Williams - forthcoming - Forthcoming.
    Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...)
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  2. Environmental law and systems theory.Nico Buitendag - 2024 - Systems Research and Behavioral Science 41 (6).
    In 1985, German sociologist Niklas Luhmann published a monograph on ecology, which appeared in English translation in 1989 as Ecological Communication. It contained many original insights for ecological thinking and, despite being well-reviewed upon publication, has had a relatively minor impact on Anglophone environmental discourse. This inattention is also present in environmental law, which has recently seen an increase in legal theories that challenge its mainstream. This contribution first investigates why Ecological Communication has received scant attention, pointing to changes in (...)
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  3. Section 230 Reform, Liberalism, and Their Discontents.Blaszczyk Matt - 2024 - California Western Law Review 60 (2):221-314.
    The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other as an (...)
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  4. What Was Orwell's Conception of Free Speech?Mark Satta - 2023 - George Orwell Studies 8 (1):61-76.
    Orwell’s views on the nature of free speech are significantly more complex than is often recognized. This paper examines what he had to say about freedom of speech and intellectual freedom. It seeks to provide a philosophical analysis of his understanding and use of these concepts and to address some apparent tensions in his thought. In so doing, the paper identifies five dominant aspects of Orwell’s account of free speech. He viewed free speech as closely related to intellectual freedom, which (...)
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  5. Law as Counterspeech.Anjalee de Silva & Robert Mark Simpson - 2023 - Ethical Theory and Moral Practice 26 (4):493-510.
    A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...)
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  6. Theorizing the Normative Significance of Critical Histories for International Law.Damian Cueni & Matthieu Queloz - 2022 - Journal of the History of International Law 24 (4):561-587.
    Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...)
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  7. The Undermining Mechanisms of ‘Rule of Law’ Objections: A Response to Song and Bloemraad.Amelia M. Wirts & José Jorge Mendoza - 2022 - The Ethics of Migration Policy Dilemmas Project.
    In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...)
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  8. (What) Are Stereotyping and Discrimination? (What) Do We Want Them to Be?Alex Madva - 2021 - Social Epistemology Review and Reply Collective 10 (11):43-51.
    Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims is traced back (...)
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  9. Entre arbitrariedad y razonabilidad. Hacia una teoría crítica del neoconstitucionalismo.Massimo Cuono - 2012 - Eunomía. Revista En Cultura de la Legalidad 2021 (3):44-60.
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