Law Commons^™

Of Bee Stings, Mud Pies, And Outhouses: Exploring The Value Of Satire Through The Theory Of Useful Untruths, Leonard M. Niehoff

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In this article, I attempt to fill this conceptual gap within Hustler by offering a theory of how satire functions and why it has a distinctively important place in our public discourse. That theory draws on the work of philosophers like Kwame Anthony Appiah, Hans Vaihinger, Kendall Walton, and Lon Fuller, who have discussed the concept of “useful untruths”—lines of thought where we proceed as if something we know to be false is in fact true, because doing so serves a useful and valuable purpose. In my view, the philosophy of useful untruths can help us understand the complexity of …

Afterword - Agape And Reframing, James Boyd White

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In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as …

Human Identity: The Question Presented By Human-Animal Hybridization, Jospeh Vining

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What makes each of us, as individuals, human to one another, or, more generally, what makes an individual creature human? We have not often had to ask the question because of the species line based on reproductive capacity and incapacity, although "degrees of humanness" were explored in the various eugenic programs of the last century. Now the biotechnological possibility of fusing human and other forms of life is presenting the question in a new and serious way. If the traditional biological means of defining species are no longer reliable, what other criteria might determine what is "human" and what is …

Linking The Visions, Donald J. Herzog

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Professor Donald Herzog talks about his teaching and work.

Editorial Preface To This Volume, Joseph H. Drake

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In his editorial preface to Formal Bases of the Law, Professor Drake offers a detailed summary of Del Vecchio’s historical survey of the philosophy of law. Drake reiterates that “the struggle for better definition of law has resulted in continually widening the practical application of law. In like manner it may be shown that the constant broadening of the metaphysical bases of law has been accompanied by improvements in its practice, and to this purpose we may well address ourselves.” From Aristotle to Grotius, to neo-Kantians and neo-Hegelians… “Law is neither force simply nor growth simply, but law is right …

Editorial Preface To This Volume, Joseph H. Drake

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"American juristic thinking at the present time needs a von Ihering. Our jurists, our legislators and our courts, both bench and bar, are still holding fast to an historical 'Naturrecht' built up on the precedents of the Common Law.... The public is crying out against our crystallized and inelastic theory and practice of law. The practical application of the idea of law as purpose would, in many cases, loosen our legal shackles and open the way out of our legal difficulties ...."

"The days of 'laissez faire' in legal matters have gone by in America as well as in Germany. …

The Memorial Addresses Delivered In University Hall, November 26, 1880, At The Funeral Of Professor James Craig Watson, … Professor In The University From 1859 To 1879, Henry S. Frieze, Charles K. Adams, Alexander Winchell, Thomas M. Cooley

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This is Judge Cooley's tribute to former University of Michigan astronomer Professor James Craig Watson, who died unexpectedly at age 42 and is buried in Forest Hill Cemetery in Ann Arbor. While not specifically related to the law, Cooley memorializes Watson with his ringing prose: "... it was among the stars this great man found his chief delight, and fitting it was that he should do so. He knew the stars as one knows the faces of his friends ..." But it is the last few pages of the tribute that Cooley asserts the glory of the State of Michigan …

Law And Lawyers In Society: An Address Delivered Before The Graduating Class Of The Law Department Of The University Of Michigan, March 28, 1866, James V. Campbell

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"We have spent some pleasant time together in searching out the foundations of the law. In studying its principles, you have acquired, I trust, a creditable amount of knowledge upon the special topics which are most likely to claim the attention of active lawyers ...."

"You need never fear to aim to high. The arrow never gravitates upward. The great danger among lawyers is, that they sometimes aim to low...."

Closing Remarks Of Prof J.V. Campbell To The Graduating Class Of The Law Department, March 21st, 1863., James V. Campbell

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[The following remarks of Professor Campbell, at the close of his series of Law Lectures for the present year, having been unanimously requested by the class for publication, were kindly furnished by him. Being extempore, and prompted solely by the feelings and emotions of the hour, it is the wish of those who heard those words of counsel and farewell to publish them, verbatim, as delivered.] ....

"....But among our thoughts the question will arise, To what end have we been spending this long period in searching out and studying the principles of the law? ... Why then have …

Address By Hon. Thomas M. Cooley, And Poem By D. Bethune Duffield, Esq., On The Dedication Of The Law Lecture Hall Of The Michigan University, Thomas M. Cooley, D. Bethune Duffield

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A stirring address by Professor Cooley upon the occasion of the dedication of the Law Lecture Hall of the first Law School Building. He begins: "Students in the Department of Law: While Michigan was yet a wilderness, only feeling along its borders the advancing tread of civilization, and only hearing here and there the sound of the woodman's axe, the wisdom of American statesmen made provision for the establishment in the territory of a great University...."