Law & Humanities Blog |
| Confucian Virtue Jurisprudence Posted: 29 Jun 2012 09:33 AM PDT Linghao Wang, Xiamen University Law School, and Lawrence B. Solum, Georgetown Law School, have published Confucian Virtue Jurisprudence, in Virtue, Law and Justice (Amalia Amaya and Hock Lai Ho, eds.; Hart Publishing, forthcoming). Here is the abstract. Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, "Confucian Virtue Jurisprudence," reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition. |
This might throw light on our normative understanding of legislation and the judiciary,and it also provides a functional account of the nature of law.Download the essay from SSRN at the link. 
Posted: 29 Jun 2012 09:28 AM PDT
Tara Helfman, Syracuse University College of Law, has published Nasty, Brutish and False: Rousseau's State in the International Order at 39 Syracuse Journal of International Law 357 (2012). Here is the abstract.
Focusing on the writings of Jean-Jacques Rousseau, this article offers an account of an important episode in the historical development of international legal theory: the emergence of a conception of the state as a singular agent, a fictional person that behaves differently from the people who constitute it. In the process, this article challenges prevailing interpretations of Rousseau's place in the Western tradition of international thought and also situates him in the positivist tradition of international law.Download the article from SSRN at the link.
Women Convicts In Colonial Australia
Posted: 29 Jun 2012 09:23 AM PDT
Caroline Anne Forell, University of Oregon School of Law, has published Convicts, Thieves, Domestics, and Wives in Colonial Australia: The Rebellious Lives of Ellen Murphy and Jane New. Here is the abstract.
This Article examines the lives of two female convicts who rebelled against the law and the Australian penal system in the early nineteenth century. It follows Ellen Murphy and Jane New from their first arrests through their experiences with and exits from the penal system. As thieves, convicts, domestics, and wives, Ellen and Jane interacted repeatedly with the law. Both the notorious Jane (who was the subject of a habeas corpus action in In re Jane New), and the more representative Ellen, began thieving as young teenagers in the teeming cities of England. The law arrested, tried, and convicted them. Next it transported them to Van Diemen's Land (now, Tasmania). It then unsuccessfully attempted to manage their lives.Download the article from SSRN at the link.
The law influenced convict women's choices in more overt ways than it did free women although, as this Article discusses, many similarities existed between the legal disabilities imposed on both groups and, on occasion, as with Jane New, the law doubly disabled convict women because they were assigned to their husbands. Nevertheless, Ellen and Jane's interactions with the law illustrate how convict women were able to make meaningful choices even in the heavily regulated penal systems of Governors Arthur of Van Diemen's Land and Darling of New South Wales.
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