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Full-Text Articles in Jurisprudence
The Interpretation Of Statutes In Modern British Law, W. Friedmann
The Interpretation Of Statutes In Modern British Law, W. Friedmann
Vanderbilt Law Review
Mr. Justice Frankfurter recently said that the number of cases coming before the Supreme Court of the United States which were not based on statutes was "reduced almost to zero." This growth of statutory as against pure case law is, of course, not confined to the United States. It inevitably accompanies the social welfare state and the increase in government which every modern industrial society has experienced and which two world wars, with their need for the total mobilization of resources, have further stimulated. Apart from these sociological factors which affect states with the most different legal systems, it is …
A Note On Samuel Pufendorf, Anton-Hermann Chroust
A Note On Samuel Pufendorf, Anton-Hermann Chroust
Vanderbilt Law Review
The work of Samuel Pufendorf was certainly the outstanding influence on continental legal philosophy during the second half of the seventeenth and throughout the eighteenth centuries. From his work comes the supposedly authoritative notion that scientific natural law and, hence, true legal philosophy as such, began with Hugo Grotius. What he actually meant to say was that Hugo Grotius had secularized the natural law, that is, he had divorced it from moral theology and put it on a non-theological--and, we may surmise--on a non-ethical basis.