Law & Humanities Blog


A New Book On Justice and Injustice

Posted: 25 Oct 2012 02:44 PM PDT

New from Routledge



The Concept of Injustice
By Eric Heinze
Published October 24th 2012 by Routledge--218 pages

The Concept of Injustice challenges traditional Western justice theory. Thinkers from Plato and Aristotle through to Kant, Hegel, Marx and Rawls have subordinated the idea of injustice to the idea of justice. Misled by the word's etymology, political theorists have assumed injustice to be the sheer, logical opposite of justice. Heinze summons ancient and early modern texts, philosophical and literary, with special attention to Shakespeare, to argue that injustice is not primarily the negation, failure or absence of justice. It is the constant product of regimes and norms of justice.
Justice is not always the cure for injustice, and is often its cause.

Judicial Pragmatism: The Early(er) Years

Posted: 25 Oct 2012 12:06 PM PDT

Robert F. Blomquist, Valparaiso University Law School, has published Early American Judicial Pragmatism, 1793-1949 as Valparaiso University Legal Studies Reseach Paper No. 12-13. Here is the abstract.

After the writings of Charles S. Peirce and William James became popular among intellectuals in the early twentieth century, American judges started to use pragmatic parlance to decide cases. Starting with a trilogy of opinions by Supreme Court of Florida Justice Thomas M. Shackelford, a variety of prominent jurists deployed pragmatic analysis in their opinions. These judges included Benjamin Cardozo, Learned Hand, Robert Jackson, and Jerome Frank. American judicial theorists can learn a lot from this early use of pragmatism language in judicial opinions written before 1950.
Download the paper from SSRN at the link. 

Examining "The Princess and the Pea"

Posted: 25 Oct 2012 12:01 PM PDT

Linda Ross Meyer, Quinnipiac University School of Law, has published Suffering and Judging in The Princess and the Pea, at 30 Quinnipiac Law Review 489 (2012).

This brief essay explores Hans Christian Andersen's story "The Princess and the Pea" for how it illuminates issues of suffering, compassion, victimization, political leadership, and mercy.
Download the article from SSRN at the link. 
Bookmark and Share