Intentions in Tension

Frederick Schauer;

Scholarship

Intentions in Tension

Frederick Schauer

PUBLISHER

Cambridge University Press

DATE

2019

UVA Law Faculty Affiliations

Frederick Schauer

Citation

Frederick Schauer, Intentions in Tension, in Heidi M. Hurd Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, Cambridge University Press, 206–220 (2019).

More in This Category

Precedent and Similarity
Frederick Schauer

Barbara A. Spellman
Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two... MORE
Alzheimer’s, Advance Directives, and Interpretive Authority
Charles Barzun
Philosophers have debated whether the advance directives of Alzheimer’s patients should be enforced, even if patients seem content in their demented... MORE
Taking Experience Seriously: A Comment on Professor Zipursky’s “Benjamin Cardozo and American Natural Law Theory”
Charles Barzun
This short essay considers Benjamin Zipursky’s intriguing effort to identify a tradition of “American natural law theory” that links Benjamin Cardozo... MORE

Big Data and Compounding Injustice
Deborah Hellman
This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The... MORE
Defining Disparate Treatment: A Research Agenda for Our Times
Deborah Hellman
Both statutory and constitutional law prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits... MORE
Lon Fuller and the Rule of Law
Frederick Schauer
Although Lon Fuller’s importance and reputation among those who practice general jurisprudence remains contested, it is clear that he remains a major... MORE

Liberalism Without Theodicy
Micah J. Schwartzman
About twenty-five years ago, in the introduction to his book Self-Ownership, Freedom, and Equality, Jerry Cohen described encountering an unfamiliar... MORE
Is the Religious Liberty Tent Big Enough to Include the Religious Commitments of Jews?
Micah J. Schwartzman
One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise... MORE
The Proof: Uses of Evidence in Law, Politics, and Everything Else
Frederick Schauer
In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like... MORE

The Politics of Proportionality
Micah J. Schwartzman
In this review of Jamal Greene’s How Rights Went Wrong, we raise a series of questions about proportionality review as a model for adjudicating... MORE
The Algorithmic Leviathan: Arbitrariness, Fairness, and Opportunity in Algorithmic Decision Making Systems
Deborah Hellman
This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it... MORE
Three ways of failing to treat others as equals: comments on Sophia Moreau's Faces of Inequality
Deborah Hellman
In Faces of Inequality, Sophia Moreau offers an intricate and nuanced account of the wrong of discrimination that is grounded in the real-world... MORE

Reason and Rhetoric in Edwards v. Vannoy
Richard M. Re
Judicial reasoning and rhetoric should be mutually reinforcing, but they often end up at odds. Edwards v. Vannoy offers an unusually rich opportunity... MORE
Social Science in Law: Cases and Materials
John T. Monahan
This title offers an engaging and comprehensive overview of how American courts use research and testimony from the social sciences in reaching their... MORE
Pragmatism, Logic and Law. By Kellogg, Frederick.
Charles Barzun
Professor Frederick Kellogg's recent book, Pragmatism, Logic and Law, is hard to describe. It lacks a clear over-arching argument or narrative... MORE

Kelsen, Kletzer, and the Differentiation of Law
Frederick Schauer
The differentiation of law is a pervasive and crucially important topic. Although H.L.A. Hart and others have stressed how law resembles games and... MORE
Statistical Evidence and the Problem of Specification
Frederick Schauer
As a number of modern sexual misconduct cases demonstrate, often there are multiple charges against a single individual under circumstances in which... MORE
Personal Responsibility in an Unjust World: A Reply to Eidelson
Deborah Hellman
In this reply to Benjamin Eidelson’s Patterned Inequality, Compounding Injustice and Algorithmic Prediction, I argue that moral unease about... MORE

Scholarship

Intentions in Tension

UVA Law Faculty Affiliations

Citation

More in This Category

ABOUT

APPLY

ACADEMICS

SERVICES

PEOPLE

CAREERS

NEWS & EVENTS

COMMUNITY