John Mikhail
Datos Biográficos
| ID | 4281935 |
|---|---|
| NOMBRE | John Mikhail |
| NOMBRES | John |
| APELLIDO | Mikhail |
| FIRMA | MIKHAIL J |
| AFILIACIONES | Georgetown University |
| ORCID | 0000-0002-2117-9623 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 10 |
| TOTAL DE CITAS | 1 |
| TOTAL COMO AUTOR | 10 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 2002 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2024 |
| ÍNDICE H | 1 |
The Path of the Prerogatives
The path of the prerogatives refers to the process by which the royal prerogative powers outlined in Blackstone’s Commentaries entered into American constitutional law. In 1953, Professor William Crosskey opened up a new window into the Constitution when he pointed out that many of Congress’s enumerated powers had been prerogatives of the British Crown. In The President Who Would Not Be King: Executive Power under the Constitution, Professor Mich…
Rational Rules
Does Originalism Have a Natural Law Problem
Gienapp's critical move is to shift our attention from semantics to ontology. What is the Constitution? How was it conceived to exist in 1787, and how has that conception changed over time? These questions must be squarely addressed, he insists, before asking what the Constitution means. Does this whole text-focused enterprise rest on a mistake? Drawing on a wealth of primary sources and modern scholarship, Gienapp makes a strong and interesting …
Moral Grammar and Human Rights
In Chapter 7, cognitive science and legal John Mikhail reviews the mind sciences for evidence of what he calls “universal moral grammar”—a moral organ that is now an innate feature like linguistic ability. If such an inherent moral fabric exists, Mikhail argues, it may suggest that current skepticism in human rights scholarship about moral foundationalism is unwarranted.
Elements of Moral Cognition
Dilemmas of cultural legality
In Orientalism , Edward Said’s seminal critique of Western discourse on the Arab and Islamic world, Said begins with an epigram from Karl Marx: ’They cannot represent themselves; they must be represented‘ (Said, 1979, p. xiii, quoting Karl Marx, The Eighteenth Brumaire of Louis Bonaparte ). Said then argues that Marx’s statement captures a basic reality about Western representations of ’Oriental‘ societies, which is that they often rest on a patt…
Scottish Common Sense and Nineteenth-Century American Law
One overriding concern I have with Susanna Blumenthal's insightful and stimulating article, “The Mind of a Moral Agent: Scottish Common Sense and the Problem of Responsibility in Nineteenth-Century American Law,” is whether there is anything sufficiently distinctive about Scottish Common Sense philosophy that justifies the role Blumenthal ascribes to it. In a representative passage, she writes: Common Sense philosophy left would-be “moral manager…
A Dissociation Between Moral Judgments and Justifications
To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web‐based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, bot…
Universal moral grammar
Law, Science, and Morality
In The Problematics of Moral and Legal Theory, Judge Richard Posner argues that moral and legal theory are largely worthless in their own right and have little if anything to contribute to legal scholarship. In this review essay, I first summarize the major themes of Problematics and then evaluate Posner's arguments on their merits. Among the main points I make are the following. First, the most conspicuous feature of Problematics is Posner's fai…
Dilemmas of cultural legality
In Orientalism , Edward Said’s seminal critique of Western discourse on the Arab and Islamic world, Said begins with an epigram from Karl Marx: ’They cannot represent themselves; they must be represented‘ (Said, 1979, p. xiii, quoting Karl Marx, The Eighteenth Brumaire of Louis Bonaparte ). Said then argues that Marx’s statement captures a basic reality about Western representations of ’Oriental‘ societies, which is that they often rest on a patt…
Law, Science, and Morality
In The Problematics of Moral and Legal Theory, Judge Richard Posner argues that moral and legal theory are largely worthless in their own right and have little if anything to contribute to legal scholarship. In this review essay, I first summarize the major themes of Problematics and then evaluate Posner's arguments on their merits. Among the main points I make are the following. First, the most conspicuous feature of Problematics is Posner's fai…
A Dissociation Between Moral Judgments and Justifications
To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web‐based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, bot…
Universal moral grammar
Dilemmas of cultural legality
In Orientalism , Edward Said’s seminal critique of Western discourse on the Arab and Islamic world, Said begins with an epigram from Karl Marx: ’They cannot represent themselves; they must be represented‘ (Said, 1979, p. xiii, quoting Karl Marx, The Eighteenth Brumaire of Louis Bonaparte ). Said then argues that Marx’s statement captures a basic reality about Western representations of ’Oriental‘ societies, which is that they often rest on a patt…
Scottish Common Sense and Nineteenth-Century American Law
One overriding concern I have with Susanna Blumenthal's insightful and stimulating article, “The Mind of a Moral Agent: Scottish Common Sense and the Problem of Responsibility in Nineteenth-Century American Law,” is whether there is anything sufficiently distinctive about Scottish Common Sense philosophy that justifies the role Blumenthal ascribes to it. In a representative passage, she writes: Common Sense philosophy left would-be “moral manager…
Elements of Moral Cognition
Moral Grammar and Human Rights
In Chapter 7, cognitive science and legal John Mikhail reviews the mind sciences for evidence of what he calls “universal moral grammar”—a moral organ that is now an innate feature like linguistic ability. If such an inherent moral fabric exists, Mikhail argues, it may suggest that current skepticism in human rights scholarship about moral foundationalism is unwarranted.
Does Originalism Have a Natural Law Problem
Gienapp's critical move is to shift our attention from semantics to ontology. What is the Constitution? How was it conceived to exist in 1787, and how has that conception changed over time? These questions must be squarely addressed, he insists, before asking what the Constitution means. Does this whole text-focused enterprise rest on a mistake? Drawing on a wealth of primary sources and modern scholarship, Gienapp makes a strong and interesting …
Rational Rules
The Path of the Prerogatives
The path of the prerogatives refers to the process by which the royal prerogative powers outlined in Blackstone’s Commentaries entered into American constitutional law. In 1953, Professor William Crosskey opened up a new window into the Constitution when he pointed out that many of Congress’s enumerated powers had been prerogatives of the British Crown. In The President Who Would Not Be King: Executive Power under the Constitution, Professor Mich…
Sociology (9 obras) · Epistemology (7 obras) · Law (7 obras) · Philosophy (7 obras) · Political science (7 obras) · Psychology (5 obras) · Psychology of Moral and Emotional Judgment (4 obras) · Social cognitive theory of morality (4 obras) · Grammar (3 obras) · Law (3 obras)