Philosophy of Law Against Sovereignty: New Excesses, Old Fragmentations

Surgical philosophy old and new.

Before proCt!~ding tvitn lne Jarmal portion of my remarks I want to tak this oppctrfwlity to thank tlte Fellows of the American Colkge of Surgeons for the. great honor they have extended me in electing me to the highest offia in this organizatiim. J Iuroe had the pleasrne of workirlg in varWu:r activitiu of tJze. College for many years paJt, and hope I may have the pM"lJI.lege of continuing in ...

Cardozo ' S Philosophy of Law

Benjamin Nathan Cardozo's contributions to the juristic culture of his time are not confined to the doctrinal illuminations and improvements which are to be found in his judicial opinions. He was a great judge; he was also a philosopher of law. How great a philosopher of law is a question that is, perhaps, premature to ask or to attempt to answer. Philosophy is a long-range look at life, and it...

Old and New Problems in Philosophy of Measurement

The philosophy of measurement studies the conceptual, ontological, epistemic, and technological conditions that make measurement possible and reliable. A new wave of philosophical scholarship has emerged in the last decade that emphasizes the material and historical dimensions of measurement and the relationships between measurement and theoretical modeling. This essay surveys these development...

Comparative Philosophy of Comparative Law

Against ‘permanent sovereignty’ over natural resources

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for perm...