Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legal philosophy (4)
- Philosophy of law (3)
- Natural law (2)
- Adam Smith (1)
- Budget deficits (1)
-
- Case law (1)
- Common law (1)
- English Commission (1)
- Gross national product (1)
- Joseph Story (1)
- Keynesian economics (1)
- Law and social order (1)
- Law reform (1)
- Legal positivism (1)
- Legal scholarship (1)
- Metaphysics and theology (1)
- Plato (1)
- Public law (1)
- Pure theory of law (1)
- Scientific method (1)
- Theory of justice (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
The English Law Commission: A New Philosophy Of Law Reform, R. J. Sutton
The English Law Commission: A New Philosophy Of Law Reform, R. J. Sutton
Vanderbilt Law Review
Mr. Sutton discusses the newly formed English Law Commission in an effort to present constructive suggestions for the establishment and maintenance of effective law revision programs for other jurisdictions. He examines the structure of the English commission and points out that the qualities of flexibility, independence, and opportunity for early compromise of its proposals with legislators are essential for a successful law revision commission. The author concludes that the major value to be gained from the English commission is its adoption of a new philosophy of law reform--give the commission sufficient latitude to enable it to stimulate advanced legislation.
The Defense Establishment And The Domestic Economy, Adam Yarmolinsky
The Defense Establishment And The Domestic Economy, Adam Yarmolinsky
Vanderbilt Law Review
The first edition of Adam Smith's Wealth of Nations was published on the 9th of March, 1776, within four months of the signing of the Declaration of Independence. It was one of those rare occasions when history permits something to happen on a convenient date. For the principles of economics which Adam Smith expounded are an essential element in the structure and growth of American social thought, along with the principles of the Declaration of Independence itself. Their importance and relevance should not be obscured by the irrelevancies of economic fundamentalists, any more than their relevancies of constitutional fundamentalists can …
Justice Joseph Story: A Study Of The Legal Philosophy Of A Jeffersonian Judge, Morgan D. Dowd
Justice Joseph Story: A Study Of The Legal Philosophy Of A Jeffersonian Judge, Morgan D. Dowd
Vanderbilt Law Review
Few studies have sought to explicate the legal philosophy of Joseph Story despite his enormous reputation as scholar, Supreme Court justice and professor at the Harvard Law School. Worse still, there has been little critical analysis of nineteenth-century concepts and statements of the law.' The purpose of this essay, then, is to examine the validity of Story's legal theories and to evaluate his work as a major contributor to American public law. As a result of this study,it is hoped that progress can be made toward a greater understanding of the man, the justice, and his philosophy of law.
Justice Holmes And The Common-Law Tradition, John C.H. Wu
Justice Holmes And The Common-Law Tradition, John C.H. Wu
Vanderbilt Law Review
Briefly, case law may be described as "a method of developing law which preserves the continuity of legal doctrine, and is, at the same time, eminently adaptable to the needs of a changing society." On the whole, it is not far from the truth to say that "it hits the golden mean between too much flexibility and too much rigidity .... -" But what makes it so matter-of-fact and racy of the soil is to be found in Holdsworth's further observation that "this method keeps the law in touch with life, and prevents much unprofitable speculation upon academic problems which …
Plato And The Doctrine Of Natural Law, Hans Kelsen
Plato And The Doctrine Of Natural Law, Hans Kelsen
Vanderbilt Law Review
As a result of the shocks which the existing social orders have experienced through two World Wars and the Russian Revolution, an intellectual movement is becoming increasingly evident in the Western World--one which, in sharp reaction to a scientific-positivistic and relativistic philosophy, aims at a return to metaphysics and theology, and--closely connected with this--to a renewal of the doctrine of natural law. The proponents of this trend believe they find valuable support in the philosophy of Plato, whose authority until recently was virtually uncontested--and in this they are justified. Plato's doctrine of Ideas is the boldest of metaphysical speculations, for …
The Pure Theory Of Law, Reginald Parker
The Pure Theory Of Law, Reginald Parker
Vanderbilt Law Review
There is hardly a theory of law about which there exists so much confusion in the minds of so many scholars as about Hans Kelsen's theory, which is commonly known under the name "Pure Theory of Law." If, for instance, a scholar of the stature and standing of Professor Northrop maintains that Kelsen locates the basic norm of the Austrian Constitution of 1920 "in the earliest Constitution of 1867,"'then it seems that there is still room, indeed an intellectual demand, for a brief and simple exposition of Kelsen's theory. We shall attempt it in the following article not without avoiding …
The Legal Philosophy Of Morris R. Cohen, Huntington Cairns
The Legal Philosophy Of Morris R. Cohen, Huntington Cairns
Vanderbilt Law Review
Cohen died in 1947 with five of the numerous books he had planned published. Since that time others have appeared. If he did not live to finish his life's work, he accomplished more than is given to most scholars who teach and participate in the numerous public activities that marked his career. Cohen was not a hopeful man and he would not be attracted by the thought, he once said in conversation, of living life over again--particularly, he added after a pause, if he had to teach mathematics to college students. He was disturbed above everything else by the decline …
E. Jordan: Critic And Metaphysician Of Modern Civilization, Andrew J. Reck
E. Jordan: Critic And Metaphysician Of Modern Civilization, Andrew J. Reck
Vanderbilt Law Review
Elijah Jordan (1875-1953) was one of the most original social and, legal philosophers in the history of American thought. Jordan spent his life in the midwest, near the rural setting from which he came, serving as professor of philosophy at Butler College in Indianapolis from his appointment in 1913 until his retirement 31 years later. Jordan wrote a half dozen volumes that comprise for American philosophy a unique contribution the full significance of which has still to be measured: The Life of Mind,' Forms of Individuality, Theory of Legislation, The Aesthetic Object, The Good Life Essays in Criticism, and on …
John Dewey--A Philosophy Of Law For Democracy, Jay W. Murphy
John Dewey--A Philosophy Of Law For Democracy, Jay W. Murphy
Vanderbilt Law Review
On what bases can a philosophy of law be founded which is equal to the task of the democratization of man in the world today? The purpose of this article is to present some suggestions concerning the fuller use of John Dewey's philosophy in this important regard. In addition to an examination of Dewey's theory of justice, it will be suggested that the richness of Dewey's thought and the variety of its uses in legal scholarship and legal education have yet to be felt.