Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Age of constitutions (1)
- Alf Ross (1)
- American judicial tests (1)
- American legal realism (1)
- Americas (1)
-
- Atlantic world (1)
- Axel Hagerstrom (1)
- Comparative Law (1)
- Comparative law (1)
- Constitutions (1)
- Development (1)
- French judicial discourse (1)
- Globalization (1)
- Institutions (1)
- John Henry Wigmore (1)
- Karl Olivecrona (1)
- Law and Economics (1)
- Law and development (1)
- Law and economics (1)
- Law and society (1)
- Legal Realist jurisprudential movements (1)
- Literary theory (1)
- Morris R. Cohen (1)
- Paul de Man (1)
- Robert L. Hale (1)
- Roland Barthes (1)
- Roman Jakobson (1)
- Scandinavian legal realism (1)
- Vilhelm Lundstedt (1)
Articles 1 - 6 of 6
Full-Text Articles in Legal History
Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles
Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles
Annelise Riles
This article revisits the work of a canonical but quixotic figure in early American comparative law, John Henry Wigmore, as a lens through which to imagine what comparative law's role might be in the era of globalization. Wigmore's "pictorial method", compared here to the "treasure boxes" of Ming and Ch'ing Dynasty Chinese emperors, in which precious objects of different scales and eras were appreciated aesthetically side by side, presents a challenge to the many "modernist" approaches to comparative law in existence today. An exploration of the intellectual history of comparative law through the disjuncture of Wigmore's work engenders a treatment …
"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser
"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser
Mitchel Lasser
The formalism/policy dichotomy has structured American jurisprudential analyses of judicial decisionmaking for most of the twentieth century. In this Article, Professor Lasser analyzes and compares American multi-part judicial tests and French civil judicial discourse to demonstrate that the dichotomy reflects and informs the ways in which judicial decisions are written. Drawing on the works of Roman Jakobson, Roland Barthes, and Paul de Man, he constructs a literary methodology to analyze American and French judicial discourse. Professor Lasser contends that the formalism/policy dichotomy is part of a larger process by which the American and French judicial systems justify how they produce …
Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander
Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander
Gregory S Alexander
No abstract provided.
Law And Development: The Way Forward Or Just Stuck In The Same Place?, D. Daniel Sokol
Law And Development: The Way Forward Or Just Stuck In The Same Place?, D. Daniel Sokol
D. Daniel Sokol
This Essay does three things. First, it provides an overview of Law and Development issues. Second, it responds to other pieces in the symposium "The Future of Law and Development". Third, it suggests that to measure success, Law and Development needs clearer goals.
Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler
Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler
Thomas C. Kohler
This piece discusses the tension between internationalization of legal ordering and the growing pressure against local and national ordering. Using Aristotle, Tocqueville, the Reception of Roman Law as forebears of the problem, I discuss three major European Court of Justice decisions (Laval, Viking and Schmidberger) as examples of the displacement of local ordering. I conclude that the task of comparative law is to focus on the importance of local ordering, keeping the human at the center and not vague principles generated by international bodies with no or little local ties.
The Age Of Constitutions In The Americas, M. C. Mirow
The Age Of Constitutions In The Americas, M. C. Mirow
M. C. Mirow