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Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper

Articles

Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.

On the one hand, I do not plan to present …

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

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I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.

Jurisprudence And The Study Of Cases, Joseph H. Drake

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Following the suggestion of our Chairman, we have apparently agreed to assume that under the theme of jurisprudence we are to include all of the abstract, nonutilitarian subjects bearing upon the subject of law. Whether we call it a historical science, a science of sciences, or a philosophy, we all believe that it Is a valuable body of rapidly increasing knowledge, and our purpose now is to determine the methodological question as to how it can be made available for our undergraduate students in the law school.

The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers

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It may be observed, in the first place, that the civil law afforded protection to the bona fide occupant of land, who had made useful or permanent improvements on the land, believing himself to be the true owner. The civil law never permitted one who was in the possession of land in good faith, to be turned out of his possession by the rightful owner, without any compensation for the additional value he has given to the soil by the improvements he had made; but it allowed him to offset the value of his improvements to the extent, at least, …