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Articles 1 - 23 of 23
Full-Text Articles in Law
Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher
Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher
Washington and Lee Law Review
No abstract provided.
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Cardozo Law Review
No abstract provided.
Judgment After The Fall, Barbara Herrnstein Smith
Judgment After The Fall, Barbara Herrnstein Smith
Cardozo Law Review
No abstract provided.
Resisting Theory, Jonathan Culler
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Cardozo Law Review
No abstract provided.
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
Cardozo Law Review
No abstract provided.
Deconstruction And The Possibility Of Justice: Comments On Bernasconi, Cornell, Miller, Weber, Judith Butler
Deconstruction And The Possibility Of Justice: Comments On Bernasconi, Cornell, Miller, Weber, Judith Butler
Cardozo Law Review
No abstract provided.
Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld
Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Statistical Stigmata, Henry Louis Gates Jr.
On The Critical Tribunal, Stephen Watson
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Dalhousie Law Journal
To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …
Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste
Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste
Dalhousie Law Journal
Legal positivism is a curious phenomenon in both its theoretical and sociological parts. It is curious as theory because its very existence, as theory, is often questioned, and because, even when its existence is admitted, the nature of the theory, and who does and does not qualify as an adherent most often remains in dispute. It is curious sociologically because rare is the legal theoretician who forthrightly endorses positivism: positivists, it would appear, are as scarce as the formalists among whom they used to be numbered.
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Dalhousie Law Journal
In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
University of Miami Law Review
No abstract provided.
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Washington and Lee Law Review
No abstract provided.
Professor Brudner's Crisis, Ernest J. Weinrib
Professor Brudner's Crisis, Ernest J. Weinrib
Cardozo Law Review
No abstract provided.
Professor Weinrib's Coherence, Alan Brudner
Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson
Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay
Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay
Dalhousie Law Journal
Indeed, it may be just as difficult to disentangle law and politics as it is to separate religious and sexual passions. While law has traditionally been presented as more value-neutral than politics, in either its academic or applied form, the inaccuracy of this view of law is becoming widely recognized. Value choices have always been a vital aspect of legal adjudication and the arrival of the Canadian Charter of Rights and Freedoms in 1982 has forced judges to be more overt about this aspect of their job.' The separation of law and politics is more a matter of mythology than …
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Cleveland State Law Review
My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Three Theories Of Substantive Fairness, F. H. Buckley
Three Theories Of Substantive Fairness, F. H. Buckley
Hofstra Law Review
No abstract provided.