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Full-Text Articles in Law
The Neutrality Of Adherence To Precedent, Robert Birmingham
The Neutrality Of Adherence To Precedent, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
The Identity Of Legal Systems, Joseph Raz
The Identity Of Legal Systems, Joseph Raz
Faculty Scholarship
Laws are part of legal systems; a particular law is a law only if it is part of American law or French law or some other legal system. Legal philosophers have persistently attempted to explain why we think of laws as forming legal systems, to evaluate the merits of this way of thinking about the law and to make it more precise by explicating the features that account for the unity of legal systems. Various theories have been suggested but none has been accepted as completely satisfactory, and the continuing debate owes much to the intricacy of the problems involved. …
Right1, Right2, Right3, Right4 And How About Right?, Layman E. Allen
Right1, Right2, Right3, Right4 And How About Right?, Layman E. Allen
Book Chapters
Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word-skill is to be prized. Few have expressed this more aptly or succinctly than Wesley N. Hohfeld: ...[I]n any closely reasoned problem, whether legal or nonlegal, chameleon-hued words are a peril both to clear thought and to lucid expression.