Jurisprudence Commons^™

Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas

Indiana Law Journal

No abstract provided.

The Twilight Of Welfare Criminology, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Morality Of Strict Tort Liability, Jules L. Coleman

William & Mary Law Review

No abstract provided.

Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs

William & Mary Law Review

No abstract provided.

Justice In Compensation, James W. Nickel

William & Mary Law Review

No abstract provided.

Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh

William & Mary Law Review

No abstract provided.

Justice And Legal Reasoning, William T. Blackstone

William & Mary Law Review

No abstract provided.

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …

Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones

Dalhousie Law Journal

... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

"One Man's Theory .... ": A Metatheoretical Analysis Of H. L. A. Hart's Model Of Law, F. Patrick Hubbard

Maryland Law Review

No abstract provided.

Integrative Jurisprudence, Jerome Hall

Articles by Maurer Faculty

Editorial Note: The following paper was originally presented in Mexico City on December 10, 1975, in a symposium honoring Professor Emeritus Luis Recasens Siches of the National University of Mexico.

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

The Jurisprudence Of Karl Llewellyn, Simon N. Verdun-Jones

Dalhousie Law Journal

Jurisprudence means to me: any careful and sustained thinking about any phase of things legal, if the thinking seeks to reach beyond the practical solution of an immediate problem in hand. Jurisprudence thus includes any type at all of honest and thoughtful generalization in the field of the legal.' Alongside Roscoe Pound, Karl Llewellyn dominated the American jurisprudential stage for more than thirty years. Indeed, his diverse interests, broadly-based achievements and colorful personality compel the attention of any serious student of modern jurisprudence. Furthermore, the very profusion of roles played by Llewellyn render him one of the most remarkable legal …

Law In The Coming Years*, George D. Gibson

Washington and Lee Law Review

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown

Journal Articles

Brown is the founder and foremost exponent of preventive law jurisprudence. Shaffer has dwelt in recent books and essays on the parallels between humanistic psychology and the fife of lawyers. In this dialogue they focus their somewhat diverse insights on law as living; on their agreement that lawyer-client decisions are law in any functional sense of the word; and on the premise that an explicable jurisprudence is implicit in the process of law office decision making.

Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii

Kentucky Law Journal

No abstract provided.

Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer

Indiana Law Journal

No abstract provided.

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers

Journal Articles

The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …

International Order And National Sovereignty - They Can Co-Exist, Arthur Larson

Faculty Scholarship

No abstract provided.

The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato

Washington and Lee Law Review

No abstract provided.

Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato

Faculty Working Papers

One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.

The Normative Theory Of Law, George E. Glos

William & Mary Law Review

No abstract provided.

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 …

American Jurisprudence Between The Wars: Legal Realism And The Crisis Of Democratic Theory, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

The Delicate Balance Of Freedom, Robert E. Maxwell

West Virginia Law Review

No abstract provided.

Case Comments, Journal Staff

Vanderbilt Journal of Transnational Law

Sovereign Immunity and Act of State -- A Foreign Sovereign instituting Suit in a United States Court waives Immunity to a Set-off arising from an Act of that Sovereign

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International Law--Nuremburg Doctrine invoked in Domestic Court-Martial