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Full-Text Articles in Jurisprudence

Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser Dec 2014

Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

The French legal system, according to its official pronouncements, functions on a rigid conception of the interpretive and creative role of the civil, private law judge. This conception may be thought of as an "official portrait": It is an image or representation of the judge and of the nature of the judicial role. The official portrait, which represents an interpretive ideology that posits a perfectly grammatical mode of reading the legal code, has been the source of much confusion, especially to common lawyers. This portrait's predominance in the French legal system, and its effect on French judicial practice, has never …


Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser Dec 2014

Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

No abstract provided.


"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser Dec 2014

"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

The formalism/policy dichotomy has structured American jurisprudential analyses of judicial decisionmaking for most of the twentieth century. In this Article, Professor Lasser analyzes and compares American multi-part judicial tests and French civil judicial discourse to demonstrate that the dichotomy reflects and informs the ways in which judicial decisions are written. Drawing on the works of Roman Jakobson, Roland Barthes, and Paul de Man, he constructs a literary methodology to analyze American and French judicial discourse. Professor Lasser contends that the formalism/policy dichotomy is part of a larger process by which the American and French judicial systems justify how they produce …


Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser Dec 2014

Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

No abstract provided.