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Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton
Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton
Georgetown Law Faculty Publications and Other Works
Bill Klein extends an idealistic and progressive invitation with the Criteria for Good Laws of Business Association (the Criteria). The structure of our debates, he says, prevents us from joining the issue. The discourse will move forward if we can isolate core components on which we agree and disagree. The invitation, thus directed, is well-constructed. To facilitate engagement, each criterion is set out as pari passu with each other. And there is a good reason for the inclusion of each listed criterion. Each has an established place in public and private law jurisprudence. Each has influenced results, coming forth as …
Reconsidering Legalism, Robin West
Reconsidering Legalism, Robin West
Georgetown Law Faculty Publications and Other Works
This essay is in the spirit of a friendly amendment. I have found Shklar's central arguments to be more compelling every time I have reread this book over the last twenty years. Nevertheless, I want to argue in this essay that in spite of Legalism's strengths, Shklar's core anthropological claim about the profession - more often asserted, rather than argued, throughout the book - that legalism, the attitudinal glue that binds lawyers professionally, consists of a commitment to the morality of rule abidance - is flawed, not because it is wrong, but because it is underinclusive. While legalism consists of …
The Right To Liberty In A Good Society, Randy E. Barnett, Douglas B. Rasmussen
The Right To Liberty In A Good Society, Randy E. Barnett, Douglas B. Rasmussen
Georgetown Law Faculty Publications and Other Works
We have been asked to consider how a "Constitution of Civic Virtue" might contribute to a "good society." To answer this question, we need to have some idea of what a good society might be, and we need to be able to articulate that idea. Certainly, we think we know a good movie when we see it, a good book when we read it, a good argument when we hear it, and a good idea when we have one, but we are not sure we have a handle on what a good society is. Even what we think we know …
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
Georgetown Law Faculty Publications and Other Works
Part I places Berle and Means in the context of the legal theory of its day by comparing the work of Dewey on the theory of the firm and Douglas on corporate reorganization. This discussion highlights two progressive assumptions Berle and Means shared with these business law contemporaries-a confidence in the efficacy of judicial intervention to vindicate distributive policies and a distrust of the institution of contract. These assumptions would, in the long run, cause the book's prescription to land wide of the mark. After 1980, Berle and Means lost their paradigmatic status due to a combination of skepticism respecting …
Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman
Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Given that law is made by and for people, the relatively little attention lawyers, judges, and legal scholars have paid to human psychology is surprising. Too often, legal writers have either presupposed or borrowed impoverished conceptions of human nature, erecting legal theories for people presumptively possessed of the requisite nature, regardless of the psychology of the actual persons who make and live under the law. Even when they do attend to human nature, legal scholars tend to ignore the centrality of emotions, dispositions, fantasies, and wishes to human psychology. The articles in this Symposium are united by their authors' resistance …
Prudence, Benevolence, And Negligence: Virtue Ethics And Tort Law, Heidi Li Feldman
Prudence, Benevolence, And Negligence: Virtue Ethics And Tort Law, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Tort law assesses negligence according to the conduct of a reasonable person of ordinary prudence who acts with due care for the safety of others. This standard assigns three traits to the person whose conduct sets the bar for measuring negligence: reasonableness, ordinary prudence, and due care for the safety of others. Yet contemporary tort scholars have almost exclusively examined only one of these attributes, reasonableness, and have wholly neglected to carefully examine the other elements key to the negligence standard: prudence and due care for the safety of others. It is mistaken to reduce negligence to reasonableness or to …