Law Commons^™

Rights, Communities, And Tradition, Brian Slattery

Brian Slattery

Book Review. Conceptual Change And The Constitution, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

Second-Order Reasons, Uncertainty And Legal Theory, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Are Constitutional Cases Political?, Brian Slattery

Brian Slattery

Unger's Philosophy: A Critical Legal Study, William Ewald

All Faculty Scholarship

Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.

Treating Crazy People Less Specially, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad

Articles by Maurer Faculty

These two books are much of a piece. Both advocate a libertarian jurisprudence of "Natural Rights"; and the rights in question are, they tell us, determinate and historic. It is primarily this distinctive historicism common to both books that I take as an invitation to consider them as a pair.

The Separation Of Law And Morals, Noel Reynolds

Noel B Reynolds

The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.

Some Questions For Republicans, Don Herzog

Articles

Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …

Hume And His Critics--Reid And Kames, Noel B. Reynolds

Noel B Reynolds

This presentation was in response to Kenneth MacKinnon’s defense of Thomas Reid’s preference for natural virtue against David Hume’s conventionalism in his theory of law. It is argued that because Hume’s legal theory follows easily from his theory of human nature, Reid and Kames—and MacKinnon—need to refute Hume at that level to be successful in their rejection of his conventionalism.

Morality And The Rule Of Law, Noel Reynolds

Noel B Reynolds

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.

Rising Above Principle, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.

The Doctrine Of The Rule Of Law In The Twentieth Century., Noel B. Reynolds, Dennis Jensen

Noel B Reynolds

The concept of rule of law has been recognized repeatedly in twentieth century political and philosophical discussion, but with a constantly shifting meaning. In this paper we document most of the serious contributions to thought about rule of law before 1985 as a background to further work on the topic.

George Orwell: Socialist Or Liberal? Big Brother And The Abuse Of Power, Noel B. Reynolds

Noel B Reynolds

For although he was too strongly independent in his thinking to accept the Marxist or socialist dogmas of his associates, because they did not seem to square with experience, and though he admired the tough resistance of English character and legal institutions to tyranny, Orwell never did tumble to the understanding of man and government which had shaped each over the centuries. Failing to see the constants in human nature as the key to the political problem, he looked around the world both as he perceived it and his literary fellows portrayed it, and concluded that power lust was the …

The Challenge Of Socialist Thought, Noel B. Reynolds

Noel B Reynolds

This presentation points to socialists’ mistaken assumptions of a malleable and perfectible human nature as an insuperable reason for the inevitable failure of socialist systems. It also points to socialist and liberal dependence on declarations of human rights as ineffective protections for human freedom—protections which can only be maintained in constitutionalist systems with deeper structural safeguards against tyranny

Prospects For Federalism, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.

Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira

IUSTITIA

In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.

Radical Perceptions Of International Law And Practice, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Correspondence Re Confidential Memorandum "Political Warfare", Lewis F. Powell Jr.

Powell Correspondence

No abstract provided.

Unification Of Political And Legal Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Albert J. Lima - Candidate For: Congress, First District, Communist Party Of Humboldt County

Ina and Noel Harris Collection

Flyer campaigning for Albert J. Lima, Candidate for Congress: First District

will speak at Armory Hall

2nd & "C" Streets, Eureka

(Entrance on 2nd Street)

Friday, Oct. 25 - 8 P.M.

Auspices: Communist Party of Humboldt County

An Open Letter To The Democratic Voters Of Humboldt County, Communist Party Of Humboldt County

Ina and Noel Harris Collection

An open letter to constituents in Humboldt County recounting recent events: statement made by Humboldt Standard on March 8th on anti-communist resolution, Senator McCarthy(R) rod-baiting, aims of Communist Party.

Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

When Is A Political Question Justiciable?, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

A Program For The People - Election Day - Communist Party Of The U.S.A., Communist Party

Ina and Noel Harris Collection

Pamphlet outlining a "Program for the People", including plan for parents in Eureka - disseminated on (Election Day) June 19, 1939. Suggestions are welcomed to Election Campaign Headquarters, 1404 Albee Street.

The Newer Social Scientists Look At Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.