Law & Society Blog

Many normative issues are, in fact, unsolved empirical questions. For example, if the deterrent effect of criminal punishment could be measured reliably, much (not all) of the philosophical thicket surrounding the justification of punishment would disappear. This is because, as a general matter, there tends to be greater consensus with respect to high-level principles, for […]

The Supreme Court’s decision in Rasul v. Bush, No.03-334 establishes that foreign nationals, captured and detained outside the U.S., may challenge the lawfulness of their detention by writ of habeas corpus in U.S. federal courts. There are two complementary legal bases for habeas corpus petitions, one is constitutional, (article I, section 9, clause 2) the […]