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Jurisprudence Commons

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Articles 1 - 6 of 6

Full-Text Articles in Jurisprudence

Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan Oct 1989

Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan

Dalhousie Law Journal

In this century mainstream legal scholarship in the United States has been subjected to various "crises of confidence" over the nature of the adjudication process. One of the key features of more traditional legal scholarship has been a belief in legal texts such as the constitution, statutes and precedents which are said to possess discrete and objective meaning capable of being discovered by objective detached observers. This belief in the authority of the text has been most clearly expressed in American constitutional law scholarship which has been dominated until recently by the quest to reveal the public moral values that …


Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss Jan 1989

Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss

Touro Law Review

No abstract provided.


Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman Jan 1989

Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman

All Faculty Scholarship

No abstract provided.


Law, Literature, And The Celebration Of Authority, Robin West Jan 1989

Law, Literature, And The Celebration Of Authority, Robin West

Georgetown Law Faculty Publications and Other Works

Richard Posner's new book, Law and Literature: A Misunderstood Relation, is a defense of “liberal legalism” against a group of modern critics who have only one thing in common: their use of either particular pieces of literature or literary theory to mount legal critiques. Perhaps for that reason, it is very hard to discern a unified thesis within Posner's book regarding the relationship between law and literature. In part, Posner is complaining about a pollution of literature by its use and abuse in political and legal argument; thus, the “misunderstood relation” to which the title refers. At times, Posner suggests …


Are Constitutional Cases Political?, Brian Slattery Jan 1989

Are Constitutional Cases Political?, Brian Slattery

Articles & Book Chapters

To argue that constitutional adjudication is political does not carry us very far unless we go on to specify what the pursuit of politics entails, the goals it seeks to attain, and the basic principles informing its practice. The word political has no clearly defined meaning in modern usage. Rather, it has the chameleon-like capacity to change colours so as to blend with a variety of different conceptual backgrounds. Of course, if we adopt an Aristotelian notion of politics as the pursuit of the common good of a community and the individual goods of its members, we can agree that …


Islands Of Conscious Power: Louis D. Brandeis And The Modern Corporation, Richard Adelstein Dec 1988

Islands Of Conscious Power: Louis D. Brandeis And The Modern Corporation, Richard Adelstein

Richard Adelstein

An intellectual portrait of Louis Brandeis and the contradictions in his philosophy and public life.