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Full-Text Articles in Legal History
Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell
Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell
David C Bell
Jurisprudence and statutory interpretation are distained by law school students and in legal circles outside the academic realm, but both are an integral part of the legal process and as such should be included in all law school education in an effort to turn out practice ready lawyers. This paper will look at the different theories of statutory interpretation, breaking down how the individual theories go about interpretation. The different theories to be analyzed include hermeneutics, textualism, purposive interpretation, dynamic interpretation, liberal interpretation, legal process theory, moral theory, and active liberty. Then the paper will analyze parallels between the interpretation …
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Carlo A. Pedrioli
This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the …