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Full-Text Articles in Law

The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan Nov 2006

The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan

Working Paper Series

Over the last century-plus, Catholic social thought has gradually reduced the ontological density of the state, to the point that the state now appears to have only a tentative grasp on the natural law basis of its legitimacy. During the first part of the twentieth century, Catholic social doctrine tended to view the legitimate state as a participant in the divine rule; although draped in a sacred mantle, the state was subject to the limits imposed by the divine and natural law. In response to the totalitarian states’ transgressing of those limits at mid-century, Catholic thinkers reduced the scope and ...


The Common Law As An Iterative Process: A Preliminary Inquiry, Lawrence A. Cunningham Jun 2006

The Common Law As An Iterative Process: A Preliminary Inquiry, Lawrence A. Cunningham

Boston College Law School Faculty Papers

The common law often is casually referred to as an iterative process without much attention given to the detailed attributes such processes exhibit. This Article explores this characterization, uncovering how common law as an iterative process is one of endless repetition that is simultaneously stable and dynamic, self-similar but evolving, complex yet simple. These attributes constrain the systemic significance of judicial discretion and also confirm the wisdom of traditional approaches to studying and learning law. As an iterative system, common law exhibits what physicists call sensitive dependence on initial conditions. This generates a path dependency from which it may be ...


“For The Murder Of His Own Female Slave, A Woman Named Mira...” : Law, Slavery And Incoherence In Antebellum North Carolina, Anthony V. Baker Mar 2006

“For The Murder Of His Own Female Slave, A Woman Named Mira...” : Law, Slavery And Incoherence In Antebellum North Carolina, Anthony V. Baker

Student Scholarship Papers

“for the murder of his own female slave, a woman named Mira...” : Law, Slavery and Incoherence in Antebellum North Carolina

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“The death of culture begins when its normative institutions fail to communicate ideals in ways that remain inwardly compelling...”

Phillip Rieff

In the spring of 1839 a ‘slave owner,’ ­ Mr. John Hoover ­ was arrested for the brutal murder of his own ‘property,’ a young woman named Mira. Convicted of the capital charge by a jury of his peers ­ 12 fellow ‘slave owners,’ as the relevant law then required ­ his appeal to the North Carolina Supreme Court was rejected in ...


Repraesentatio In Classical Latin, Alan Watson Jan 2006

Repraesentatio In Classical Latin, Alan Watson

Scholarly Works

The Romans knew well the twin concepts of representation and representatives in law suits and in the relationships between father and son, and owner and slave. But for these concepts they did not use the terms repraesentare or any cognate.

To Tertullian, it seems, goes the credit of first using repraesentare and repraesentator in their modern senses of <> and <>. That his context is theological probably should not surprise since he is, above all, a theologian.

Thus he uses repraesentare to mean that the one larger and more important may represent the many and less important. This usage had a long ...


The View From The Trenches: Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman Jan 2006

The View From The Trenches: Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman

Articles

In November 2005, four prominent legal organizations sponsored the second National Conference on Appellate Justice. One purpose was to take a fresh look at the operation of appellate courts 30 years after the first National Conference. As part of the 2005 Conference, small groups of judges and lawyers gathered in breakout sessions to discuss specific issues about the operation of the appellate system. This article summarizes and synthesizes the participants' comments. The article is organized around three major topics, each of which builds on a different contrast with the 1975 conference.

First, the participants in the earlier conference apparently assumed ...