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Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen May 1991

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

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Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson May 1990

Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson

Dalhousie Law Journal

To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …

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The Legal Point Of View, L. C. Green Sep 1975

The Legal Point Of View, L. C. Green

Dalhousie Law Journal

What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …

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The Legal Point Of View, L. C. Green Sep 1975

The Legal Point Of View, L. C. Green

Dalhousie Law Journal

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Law And Today's Crisis-Situations, Thomas E. Davitt Jan 1971

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.

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The Morality Of Law, By Lon L. Fuller, Edwin W. Tucker Jan 1965

The Morality Of Law, By Lon L. Fuller, Edwin W. Tucker

Indiana Law Journal

No abstract provided.

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Law And History, C. J. Friedrich Oct 1961

Law And History, C. J. Friedrich

Vanderbilt Law Review

Law is frozen history. In an elementary sense, everything we study when we study law is the report of an event in history, and all history consists of such records or reports. It therefore cannot be my task to develop a sermon on the importance of historical records for the understanding of the law; the tie is too intimate and too obvious to need laboring." The work of Professor Maine on 'Ancient Law,'" wrote Professor T. W. Dwight in his Introduction to that book in the sixties of the last century, "is almost the only one in the English language …

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Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman Jan 1958