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Full-Text Articles in Law

A Review: The Interaction Of Law And Religion, Frona Powell Apr 1975

A Review: The Interaction Of Law And Religion, Frona Powell

IUSTITIA

In 1971 at Boston University, Harold J. Berman, Story Professor of Law at Harvard Law School, delivered four lectures in the series of Lowell Lectures on Theology. This book is comprised of those lectures with an introduction, postscript, and annotations. One would hope that Berman's analysis of the interaction of law and religion would provide insight into an area which is often neglected by modern jurisprudents. Unfortunately, it does not.

Those who are members of the legal profession as well as those who are not, are aware of the fact that the legal system does not always function properly. In …


Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust Apr 1975

Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust

IUSTITIA

The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …