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Full-Text Articles in Jurisprudence
The Missing Normative Dimension In Brian Leiter's "Reconstructed" Legal Realism, Edmund Ursin
The Missing Normative Dimension In Brian Leiter's "Reconstructed" Legal Realism, Edmund Ursin
San Diego Law Review
Legal Realism has undergone a revitalization in academia. In a series of articles over the past decade and a half, and in a 2007 book, Brian Leiter has offered a "philosophical reconstruction" of Legal Realism... In the forthcoming Article, I will seek to clarify further the normative dimension of Legal Realism. I will suggest that it is a mistake to divide Legal Realists into quietist camps. This is because these terms refer to two distinct phenomena. Nonquetism in a view of the lawmaking role: judges are legislators-they make law and policy plays a role in their lawmaking. Quietism reflects a …
The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn
The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn
San Diego Law Review
American society and law display a deep reverence for the group, as long as it assumes corporate or quasi-corporate form. This reverence is not fleeting; rather, it has deep historical roots. In fact, it was there before the republic came into being and it played a profound role in the founding of the nation. Moreover, these roots are not only traditional, but philosophical and religious as well. This Article explores those roots, with three goals in mind. First, to correct the mistaken notion that American law has historically demonstrated a commitment to the individual at the expense of the group, …
Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby
Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby
San Diego Law Review
A review of E. Bodenheimer, Treatise on justice, W. Friedmann, Legal theory, 5U., and B. Wortley, Jurisprudence. To a certain degree, law is a refection of the social environment in which it exists. Since a multiplicity of forces is constantly at work to produce stresses and tensions that serve to keep society in an incessant state of flux, the law also finds itself in continual need to adjust and readjust. Traditionally, the contemplative jurist in search of aid in the solution of novel social problems has turned to philosophy. Despite the increasing popularity of the auxiliary disciplines of sociology, psychology …