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Jurisprudence As Narrative: An Aesthetic Analysis Of Modern Legal Theory, Robin West
Jurisprudence As Narrative: An Aesthetic Analysis Of Modern Legal Theory, Robin West
Georgetown Law Faculty Publications and Other Works
Recent legal scholarship has engaged in a growing dialogue tying literary criticism to jurisprudence. In this article, Professor Robin West adds her voice by advocating the reading of legal theory as a form of narrative. Drawing from Northrop Frye's “Anatomy of Criticism,” Professor West first details four literary myths that combine contrasting world visions and narrative methods. She then applies Frye's categories to Anglo-American jurisprudential traditions and employs aesthetic principles to analyze influential legal theorists within these traditions. Finally, Professor West argues that recognizing the aesthetic dimension of legal debate frees us to realize our moral ideals.
The Origins And Original Significance Of The Just Compensation Clause Of The Fifth Amendment, William Michael Treanor
The Origins And Original Significance Of The Just Compensation Clause Of The Fifth Amendment, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The principle that the state necessarily owes compensation when it takes private property was not generally accepted in either colonial or revolutionary America. Uncompensated takings were frequent and found justification first in appeals to the crown and later in republicanism, the ideology of the Revolution. The post-independence movement for just compensation requirements at the state and national level was part of a broader ideological shift away from republicanism, which stressed the primacy of the common good, and toward liberalism. At the time the Bill of Rights was adopted, that shift had not been completed, but the trends of the revolutionary …