Home Public Philosophy Law and Philosophy

Law and Philosophy

Descriptive image justice Baiocco

Is the Law Helpful for Feminist Battles? MacKinnon and Cigarini’s Perspectives

Is the law a tool for feminism or an expression of patriarchy? Is the law able to authentically recognize the differences between the sexes,...
Abstract Fineman

Understanding the Duty to Care: A Vulnerability Perspective

Vulnerability theory differs from liberal political and legal perspectives in significant ways. The theory argues that we must replace the liberal theoretical subject with...

The Supreme Court’s Symbolic Code of Conduct

Two things seem true about modern professional life. One, most professional activities nowadays (legal ones, anyway) are backed by a code of conduct—roughly, a set...
Decorative Image

UNDRIP’s Limits on Corrective Reforms to the Basic Structure

§1 Introduction The United Nations Declarations on the Rights of Indigenous Peoples is intended to provide “a universal framework of minimum standards for the survival,...
Decorative Image

Why Care About Fair Legal Procedures?

It appears uncontroversial that having proper legal procedures is integral to the legitimacy of any judicial system and that the nature of these procedures...

What Did the Opponents of Affirmative Action Get Wrong About Affirmative Action?

Affirmative action aims not just to repair the historical injustices that are sexism, slavery, and racism (and, to some extent, colonialism) but also aims...
Decorative Image

Putting Gender Back into Transgender Equality: On Iglesias v. Federal Bureau of Prisons

Author’s Note: This article discusses sexual and physical violence targeting incarcerated trans women. Amid the ongoing wave of anti-trans legislation in the U.S., it can...
decorative image

The Curse, the Prison Cell, and the Lynching Mob: Revisiting the Limits of Law...

In a time that seems almost defined by social instability, “law” seems at once essential and treacherous. On the one hand, the law (as...
decorative image

Violence Against Asian Women: The Enduring Legacy of 1875 Page Act

On March 21, 2021, eight people were murdered as a man drove across the Atlanta metro area attacking massage parlors owned or operated by...
decorative image

Samuel Alito’s Histories of Freedom

In early May, Politico published a leaked draft of Samuel Alito’s forthcoming opinion in Dobbs v. Jackson Women’s Health Organization, which affirms Mississippi’s law...