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Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
A Planet By Any Other Name…, Kimberly Kessler Ferzan
A Planet By Any Other Name…, Kimberly Kessler Ferzan
Michigan Law Review
In case you haven't heard, Pluto isn't a planet anymore (and maybe it never was). In grade school, we all memorized the planets, giving little thought to what made something a planet besides revolving around the Sun and being part of some familiar mnemonic. However, scientific discoveries about Pluto and other parts of space led scientists to question Pluto's planetary status and ultimately, to strip Pluto of its standing among the planets. This leads to the inevitable question-what is a planet?-which turns out to be a more difficult and fascinating question than one might think. The Pluto Files grapples with …
The Unruliness Of Rules, Peter A. Alces
The Unruliness Of Rules, Peter A. Alces
Michigan Law Review
Analytical jurisprudence depends on a posited relation between rules and morality. Before we may answer persistent and important questions of legal theory - indeed, before we can even know what those questions are - we must understand not just the operation of rules but their operation in relation to morality. Once that relationship is formulated, we may then come to terms with the likes of inductive reasoning in Law, the role of precedent, and the fit, such as it is, between Natural Law and Positivism as well as even the coincidence (or lack thereof) between inclusive and exclusive positivism. That …
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Michigan Law Review
A Review of The Revival of Natural Law Concepts by Charles Grove Haines
Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer
Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer
Michigan Law Review
A Review of Shuman: Legal Positivism: Its Scope and Limitations . By Samuel I. Shuman
Judicial Review In Europe, Gottfried Dietze
Judicial Review In Europe, Gottfried Dietze
Michigan Law Review
The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Michigan Law Review
A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.
Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.
Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.
Michigan Law Review
A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.