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Legal theory

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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 Jan 1980

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 Dec 1977

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 Jan 1976

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 Jan 1971

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 Jan 1968

Science And Morality Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Analytic Philosophy And Jurisprudence, Jerome Hall Jan 1966

Analytic Philosophy And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Theoretical Considerations And Practical Proposals, Jerome Hall Jan 1966

Theoretical Considerations And Practical Proposals, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


From Legal Theory To Integrative Jurisprudence, Jerome Hall Jan 1964

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 Jan 1961

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 Jan 1961

The Challenge Of The Rule Of Law, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Legal Sanctions, Jerome Hall Jan 1961

Legal Sanctions, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Reason And Reality In Jurisprudence, Jerome Hall Jan 1958

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 Jan 1957

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 Jan 1953

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 Jan 1953

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 Jan 1953

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 Jan 1942

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 Jan 1942

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 Jan 1942

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 Jan 1941

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 Jan 1941

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 Jan 1938

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. Jan 1937

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 Jan 1931

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 Jan 1930

Law In Action And Social Theory, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.


Some Implications Of Juristic Pragmatism, Fowler Vincent Harper Jan 1929

Some Implications Of Juristic Pragmatism, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.


Natural Law In American Constitutional Theory, Fowler V. Harper Jan 1927

Natural Law In American Constitutional Theory, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.