Search for: "Lawrence Solum"
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13 Jun, 2007 7:48 am
Virtue Jurisprudence Colin Farrelly and Lawrence Solum Hardback 138mm x 216mm October 2007 0230552897
256 Pages £45.10 Description This book is the first authoritative ... . Contents An Introduction to Aretaic Theories of Law; C.Farrelly & L.B.Solum The Central Tradition; R.George Prudence, Benevolence, and Negligence: Virtue Ethics and ... Diego School of Law, where he also co-directed the
Institute on Law and Philosophy. Solum's articles have appeared in the nation's leading law journals and his ...
4 Dec, 2006 6:15 am
Lawrence Solum (University of Illinois, Law & Philosophy) has posted Constitutional Possibilities
on SSRN. Here is the abstract: What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the
interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment
of structural ...
17 Jan, 2007 9:47 am
Lawrence Solum (that's me!) has posted Download It While Its Hot: Open Access and Legal Scholarship
on SSRN. Here is the abstract: This Article analyzes the shift of legal scholarship from the old world of law reviews to today's world of peer reviews to tomorrow's world of open access
legal blogs. This shift is occurring in three dimensions. First, legal scholarship is moving from the long form (treatises and law review articles) to the short form (very short
articles, blog posts, and ...
29 Jan, 2007 4:04 am
Lawrence Solum (that's me!) has posted Natural Justice on SSRN. Here is the abstract: Justice is a
natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social
norms (the nomoi) - they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of
substantial dysfunction, the ...
14 Jun, 2007 7:31 am
Lawrence Solum (your blogger) has posted Constitutional Texting on SSRN. Here is the abstract:
"Constitutional Texting" introduces an account of constitutional meaning that draws on Paul Grice's distinction between "speaker's meaning" and "sentence meaning." The constitutional
equivalent of speaker's meaning is "framer's meaning," the meaning that the author of the constitutional text intended to convey in light of the author's beliefs about the reader's
beliefs about the author's ...
14 Apr, 2008 6:39 am
Lawrence Solum (that's me) has posted Semantic Originalism on SSRN. Here is the abstract: "Semantic
originalism" is the name of a theory that affirms four theses. The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision
is framed and ratified: subsequent changes in linguistic practice cannot change the semantic content of an utterance. The clause meaning thesis claims that the semantic content is given
by the conventional ...
27 May, 2008 5:23 am
Lawrence Solum (that's me) has posted Models of Internet Governance on SSRN. Here is the abstract:
Internet governance is a large, complex, and ambiguous topic. When we think about regulation of the Internet, we might be thinking about a narrow but important set of questions about
specific institutions, such as the Internet Engineering Task Force (IETF) or the Internet Corporation for Assigned Names and Numbers (ICANN): these institutions can be said to govern
the technical ...
29 Nov, 2006 6:15 am
... me on originalism and the electoral college: A Dialogue on Originalism Occasioned by Bennett's Electoral College Reform Ain't Easy By Lawrence B. Solum & Robert W. Bennett. Here is a taste or two: Bennett: "Perhaps even more fundamentally, I do
not agree with Professor Solum that the recent retreat of originalists to "meaning" rather than "intentions" is a mark of "sophistication."
Rather it is an attempt to salvage something from a misbegotten ...
14 Nov, 2006 5:20 am
Lawrence B. Solum (University of Illiniois) has posted Public Legal Reason (Public Legal Reason, 92
Virginia Law Review 1449 (2006)) on SSRN. Here is the abstract: This Essay deveopes an ideal of public legal reason-a normative theory of legal reasons that is appropriate for a society
characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep
premises of deontology or ...
6 Feb, 2007 9:16 am
Lawrence B. Solum (That's me! University of Illinois - College of Law) has posted Pluralism and
Public Legal Reason (William & Mary Bill of Rights Journal, Vol. 15, pp. 7-23, 2006) on SSRN. Here is the abstract: What role does and should religion play in the legal sphere of a
modern liberal democracy? Does religion threaten to create divisions that would undermine the stability of the constitutional order? Or is religious disagreement itself a force that
works to create consensus on ...
27 Apr, 2007 6:40 am
Lawrence B. Solum (University of Illinois - College of Law) has posted Originalism as Transformative
Politics (GADAMER AND THE LAW, Francis J. Mootz, ed., Ashgate, 2007 , Tulane Law Review, Vol. 63, p. 1599, 1989) on SSRN. Here is the abstract: The debate between originalists and
nonoriginalists has begun to suffer a fate similar to these earlier debates in constitutional theory and practice. This essay is one of a growing number of recent attempts to look back
at the originalism debate ...
2 Apr, 2008 4:59 am
Lawrence B. Solum (University of Illinois - College of Law) has posted Legal Personhood for
Artificial Intelligences (North Carolina Law Review, Vol. 70, p. 1231) on SSRN. Here is the abstract: Could an artificial intelligence become a legal person? As of today, this question
is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The
question is nonetheless of some ...
5 May, 2008 7:11 am
Lawrence B. Solum (University of Illinois - College of Law) has posted Constitutional Possibilities
(Indiana Law Journal, Vol. 83, pp. 307-337, 2008) on SSRN. Here is the abstract: What are our constitutional possibilities? The importance of this question is illustrated by the
striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the
lost constitution to arguments ...
3 Jun, 2008 7:05 am
Lawrence B. Solum (your blogger) has posted Freedom of Communicative Action (Northwestern University
Law Review, Vol. 83, No. 1 & 2, pp. 54-135) on SSRN. Here is the abstract: The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's theory of communicative action
illuminated the deep structure of the First Amendment freedom of speech. Haberams's theory takes speech act theory as its point of departure. Communicative action coordinates indivudal
behavior through ...
8 Jul, 2008 2:11 pm
Lawrence B. Solum (University of Illinois - College of Law) has posted On the Intderminacy Crisis:
Critiquing Critical Dogma (University of Chicago Law Review, Vol. 54, No. 462, 1987) on SSRN. Here is the abstract: This essay investigates the indeterminacy thesis - roughly the claim
that the content of authoritative legal materials (such as the texts of constitutions, statutes, cases, rules, and regulations) does not determine the outcome of particular legal
disputes. The indeterminacy ...
22 Dec, 2008 2:59 pm
... loved one to a class of trust beneficiaries (allowing the adoptee to inherit "through" the adoptor). It appears that, post-Lawrence, both
the academy and the judiciary have completely overlooked this steadily growing, albeit stealthy, trend. I ... scared to go to war? Are they scared to engage fully in a prosecution for
this type of incest, only to be rebuffed by a Lawrence-based constitutional defense? The stakes are extraordinarily high. If a constitutional
challenge to a prosecution for incest of ...
20 Feb 4:26 am
/**/ Lawrence B. Solum (University of Illinois College of Law) has posted Incorporation and
Originalist Theory on SSRN. Here is the abstract: Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments?
And how should an originalist answer that question? This paper focuses on the latter question-the issues of originalist theory that are raised by judicial and scholarly debates over
what is called " ...
30 Oct 7:10 am
/**/ Lawrence B. Solum (University of Illinois College of Law) has posted District of Columbia v.
Heller and Originalism (Northwestern University Law Review, Vol. 103, No. 2, 2009) on SSRN. Here is the abstract: On June 26, 2008, the United States Supreme Court handed down its 5-4
decision in District of Columbia v. Heller, striking a District of Columbia statute that prohibits the possession of useable handguns in the home on the ground that it violated the
Second Amendment to the ...
17 Sep 12:52 am
... I suggest that the Eighth Amendment and the evolving standards of decency were on the minds of the Justices when deciding Lawrence, and at
a minimum, the case was decided in the amendment's shadow. The Justices were exposed to an evolving ... the majority opinion used language evocative of emergence and evolution. I
discuss the importance of this alternative reading of Lawrence and begin a conversation on the possibilities of extending an evolving standard
of decency analysis to issues other than ...
23 Jul, 2008 5:11 am
... through several observations about privacy theory's failings to an ultimate criticism of the equality analysis (or lack thereof) of the Lawrence opinion itself. Particularly, I am critical of the longstanding notion that equal protection of the laws means that persons ... are always already
excluded. Part III considers an alternative grounding for the legal rights of Gays sought in Lawrence: Substantive Equality looks through mere
legal forms because it recognizes the undeniable context of social ...
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