Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Hart's Methodological Positivism, Stephen R. Perry
Hart's Methodological Positivism, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
Posner's Economic Approach To Comparative Law, William Ewald
Posner's Economic Approach To Comparative Law, William Ewald
All Faculty Scholarship
No abstract provided.
The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman
The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Three Positivisms, Robin West
Three Positivisms, Robin West
Georgetown Law Faculty Publications and Other Works
In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …