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Jurisprudence Commons

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Articles 1 - 15 of 15

Full-Text Articles in Jurisprudence

Schools Of Jurisprudence, Robert Rodes Jun 2015

Schools Of Jurisprudence, Robert Rodes

Robert Rodes

Professor Rodes defines Jurisprudence as ''the legal profession's account of what it is about.'' Since they lawyers, judges, and legislators doing their work are all looking at the same phenomenon, writers on Jurisprudence must all draw from the same limited body of material in constructing their theories. In this book, Rodes examines these materials and then classifies the various schools of Jurisprudence according to which of the materials they use and how they use them. In describing the available materials, Rodes looks first at what he calls the ''internal account'': legal work considered in itself, the definition and scope of …


Classic Problems Of Jurisprudence, Robert Rodes Apr 2015

Classic Problems Of Jurisprudence, Robert Rodes

Robert Rodes

No abstract provided.


Jurisprudence: Cases And Materials, Thomas Broden, Robert Rodes Apr 2015

Jurisprudence: Cases And Materials, Thomas Broden, Robert Rodes

Robert Rodes

The Second Edition of Jurisprudence Cases and Materials includes several new features. First, it begins with two chapters on the ancient Near Eastern, biblical, and classical origins of law and jurisprudence. Second, it offers chapters that trace the systematic development of the Anglo-American analytic canon and modern critical responses. Continental thought is incorporated along with the realist and pragmatic traditions that remain among the major American contributions to jurisprudential thought. Third, the Second Edition retains and further develops analysis of jurisprudence in the courts. The result, we think, is a book that attains unusual breadth and richness of treatment of …


Law And Liberation, Robert Rodes Apr 2015

Law And Liberation, Robert Rodes

Robert Rodes

No abstract provided.


The Canon Of American Legal Thought (Book Review), Robert Rodes Mar 2015

The Canon Of American Legal Thought (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


Natural Law And Justice (Book Review), Robert Rodes Mar 2015

Natural Law And Justice (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert Rodes Mar 2015

Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


Greatness Thrust Upon Them - Class Biases In American Law, Robert E. Rodes Jr. Mar 2015

Greatness Thrust Upon Them - Class Biases In American Law, Robert E. Rodes Jr.

Robert Rodes

No abstract provided.


The Interpretation Game (Book Review), Robert Rodes Mar 2015

The Interpretation Game (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


A Modern Legal Ethics: Adversary Advocacy In A Democratic Age (Book Review), Robert Rodes Mar 2015

A Modern Legal Ethics: Adversary Advocacy In A Democratic Age (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


Justice For Hedgehogs (Book Review), Robert Rodes Mar 2015

Justice For Hedgehogs (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


Pilgrim Law, Robert E. Rodes Nov 2013

Pilgrim Law, Robert E. Rodes

Robert Rodes

No abstract provided.


On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes Nov 2013

On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes

Robert Rodes

This article describes the origin and sources of the author's jurisprudential doctrine, and his adoption of liberation theology as a way of reconciling Sociological Jurisprudence with the philosophy of history. It argues that the pursuit of justice is eschatologically validated even though its historical fruition is problematical. It goes on to discuss the working out in legal practice of the liberationists' call for a preferential option for the poor.


On The Historical School Of Jurisprudence, Robert E. Rodes Nov 2013

On The Historical School Of Jurisprudence, Robert E. Rodes

Robert Rodes

Legal theory has tended to treat the Historical School as a poor relation, but it has important contributions to make. Developed in opposition to the one-size-fits-all form of natural law that eventuated in the Code Napoleon, it attributes law to a Volksgeist, the spirit of a people, as developed in the peculiar historical experience of that people. The original German proponents of the school had trouble explaining the reception of Roman law in Germany, but despite the importation of technical elements from without, a people's laws are in fact part of their culture and of their spiritual heritage as these …


Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes Nov 2013

Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes

Robert Rodes

This paper analyzes particular passages in Holmes's famous lecture, and notes important inconsistencies and failings in his approach. After arguing strongly that moral considerations should not enter into legal judgments, he criticizes legal judgments in the light of moral considerations. After defining law as a prediction of what the courts will do, he seems to criticize courts for getting the law wrong in their decisions. His advice to learn the legal profession by studying law from the standpoint of a bad man leaves out of account the numerous potential clients who wish to be law abiding citizens and to seal …