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Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp Jan 1985

Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp

All Faculty Scholarship

Few ideas in intellectual history have been so captivating that they have overflowed the discipline from which they came and spilled over into everything else. The theory of evolution is unquestionably one of these. Evolution was an idea so powerful that it seemed obvious when Charles Darwin offered it. After all, there were prominent evolutionists a century before Darwin. Charles Darwin merely presented a model that made the theory plausible. It was a model, though, that infected everything, and one that appeared to answer every question worth asking, no matter what the subject. The model had the potential to lead …

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Whither Jurisprudence?, Anthony D'Amato Jan 1985

Whither Jurisprudence?, Anthony D'Amato

Faculty Working Papers

After considering the side road of critical legal studies, I shall try to indicate the major signposts to a more complete jurisprudence. These signposts take the form of questions or anomalies in our present understanding of law. I will conclude that only by following these signposts, by exploring these questions and anomalies, will we begin to uncover the nature of law and justice.

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The Formulaic Constitution, Robert F. Nagel Jan 1985

The Formulaic Constitution, Robert F. Nagel

Publications

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …

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The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon Jan 1985

The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon

Articles

No abstract provided.

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Paul, The Lawyer, On Law, Jerome Hall Jan 1985

Paul, The Lawyer, On Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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English Common Law In Virgina, William Hamilton Bryson Jan 1985

English Common Law In Virgina, William Hamilton Bryson

Law Faculty Publications

By statute the common law of England is the basis of the common law of modern Virginia. This reception statute refers to the customary, unwritten law of the kingdom of England, but only that part which was general and common to all parts of England. That the English common law is the foundation of the law of Virginia is a matter not merely of a modern statute but also of history and reason.

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Rules And Standards, Pierre Schlag Jan 1985