Law Commons^™

The Twentieth Century, Daniel R. Coquillette

Daniel R. Coquillette

All self-respecting legal history is supposed to end by the twentieth century. As we approach our own lives, experience and training—and those events that we have actually witnessed—we allegedly lose that "objectivity" which makes the "science" of history itself possible. Certainly, there is no point in burdening the reader with the "original" materials, including cases and statutes, that make up the bulk of any legal education. But there are good reasons to reflect on our own legal century from an "historical perspective."

Law00520 Philosophy Of Law, 3rd Edition, Anne Schillmoller

Anne Schillmoller

Philosophy, not jurisprudence Note that this is not a ‘jurisprudence’ unit. The reasons why will be discussed in detail in topic 1. Briefly, jurisprudence approaches questions about law from an ‘internal’ or ‘inside’ perspective, that is, one which seeks a conceptual basis for law from within law itself.This unit, however, aims to situate ideas about law and justice within a broader range of philosophical contexts. While traditional jurisprudence provides insights into particular theoretical movements within Anglo-Australian law, it fails to interrogatebroader philosophical frameworks or ‘external’ perspectives which inform thisjurisprudence. It is these broader frameworks which are the central concern of …

Feeling At Home: Law, Cognitive Science, And Narrative, Lea B. Vaughn

Lea B Vaughn

What is the “how and why” of law’s affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address “how” narrative helps us learn and use the law as well as “why” we are so compelled to use stories in teaching and in practice.

Brain science, simplified here, suggests that the first task is to “grab” someone’s attention. Emotionally charged events are more likely …