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Articles 181 - 207 of 207
Full-Text Articles in Law
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Scholarly Works
In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …
Principles, Positivism, And Legal Theory, David B. Lyons
Principles, Positivism, And Legal Theory, David B. Lyons
Faculty Scholarship
A complete theory of law, writes Ronald Dworkin, tells us what law is and what it ought to be. The current "ruling" theory of law combines legal positivism with utilitarianism: it holds, first, that law is a set of explicitly adopted rules and, second, that law ought to maximize the general welfare. Dworkin rejects both branches of that theory. He argues that law contains "principles" as well as rules and that these principles cannot be traced to any explicit adoption or enactment. Dworkin argues further that the ruling theory neglects moral rights, which must be respected, he claims, even if …
The Enterprise Liability Theory Of Torts, Howard C. Klemme
The Enterprise Liability Theory Of Torts, Howard C. Klemme
Publications
No abstract provided.
The Development Of The Theory Of The Right To Privacy In France, Wencelas J. Wagner
The Development Of The Theory Of The Right To Privacy In France, Wencelas J. Wagner
Articles by Maurer Faculty
Lacking legislative enactments on the right to privacy, French courts had to tackle the problems of privacy from case to case, in the common law way; but judicial decisions did not establish any general principles. While American and English judgments are elaborate and lay down legal theories, French decisions are extremely short, failing in some instances to give a clear picture of the facts, omitting the discussion of various aspects of the problem and abstaining from developing solid theoretical bases for their holdings. It is well known that French judgments are written in the form of a recitation which has …
Science And Morality Of Criminal Law, Jerome Hall
Science And Morality Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Analytic Philosophy And Jurisprudence, Jerome Hall
Analytic Philosophy And Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Theoretical Considerations And Practical Proposals, Jerome Hall
Theoretical Considerations And Practical Proposals, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
From Legal Theory To Integrative Jurisprudence, Jerome Hall
From Legal Theory To Integrative Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Rule Of Law In Historical Perspective, William Burnett Harvey
The Rule Of Law In Historical Perspective, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
The Challenge Of The Rule Of Law, William Burnett Harvey
The Challenge Of The Rule Of Law, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Legal Sanctions, Jerome Hall
Reason And Reality In Jurisprudence, Jerome Hall
Reason And Reality In Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner
Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Unification Of Political And Legal Theory, Jerome Hall
Unification Of Political And Legal Theory, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Codification Of Law In Europe And The Codification Movement In The Middle Of The Nineteenth Century In The United States, Wencelas J. Wagner
Codification Of Law In Europe And The Codification Movement In The Middle Of The Nineteenth Century In The United States, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Book Review. Jurisprudence, Men And Ideas Of The Law By Edwin W. Patterson, John T. Bauman
Book Review. Jurisprudence, Men And Ideas Of The Law By Edwin W. Patterson, John T. Bauman
Articles by Maurer Faculty
No abstract provided.
Book Review. Boorstin, D. J., The Mysterious Science Of The Law, Jerome Hall
Book Review. Boorstin, D. J., The Mysterious Science Of The Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall
Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Cairns, H., The Theory Of Legal Science, Jerome Hall
Book Review. Cairns, H., The Theory Of Legal Science, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Radin, M., Law As Logic And Experience, Jerome Hall
Book Review. Radin, M., Law As Logic And Experience, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall
Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Concepts And Policies In Anglo-American Administrative Law Theory, Ralph F. Fuchs
Concepts And Policies In Anglo-American Administrative Law Theory, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Principles Of Conflict Of Laws By George Wilfred Stumberg, Frank Edward Horack Jr.
Book Review. Principles Of Conflict Of Laws By George Wilfred Stumberg, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. Haines, C. G., The Revival Of Natural Law Concepts, Fowler Vincent Harper
Book Review. Haines, C. G., The Revival Of Natural Law Concepts, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Law In Action And Social Theory, Fowler Vincent Harper
Law In Action And Social Theory, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Some Implications Of Juristic Pragmatism, Fowler Vincent Harper
Some Implications Of Juristic Pragmatism, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Natural Law In American Constitutional Theory, Fowler V. Harper
Natural Law In American Constitutional Theory, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.