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Articles 1 - 13 of 13
Full-Text Articles in Legal History
Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan
Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan
Felice J Batlan
Patriots In Defense Of The 'Enemy', Daniel Coquillette
Patriots In Defense Of The 'Enemy', Daniel Coquillette
Daniel R. Coquillette
No abstract provided.
Judicial Review Of Special Interest Spending: The General Welfare Clause And The Fiduciary Law Of The Founders, Robert G. Natelson
Judicial Review Of Special Interest Spending: The General Welfare Clause And The Fiduciary Law Of The Founders, Robert G. Natelson
Robert G. Natelson
This article surveys the principles of 18th century fiduciary law that the Founders incorporated into the U.S. Constitution-- principles they referred to as rules of "public trust." The article also suggests standards the courts can use to determine if particular congressional appropriations are within the "general welfare" limitation of the Constitution's so-called Spending Clause
Las Milicias Novohispanas En La Segunda Mitad Del Siglo Xviii: El Reglamento Para Las Milicias De La Provincia De Tabasco, Óscar Cruz
Óscar Cruz Barney
No abstract provided.
Self-Defense In Asian Religions, David B. Kopel
Self-Defense In Asian Religions, David B. Kopel
David B Kopel
This Article investigates the attitudes of six Far Eastern religions - Confucianism, Taoism, Hinduism, Sikhism, Jainism, and Buddhism - towards the legitimacy of the use of force in individual and collective contexts. Self-defense is strongly legitimated in the theory and practice of the major Far Eastern religions. The finding is consistent with natural law theory that some aspects of the human personality, including the self-defense instinct, are inherent in human nature, rather than being entirely determined by culture.
Armed Resistance To The Holocaust, David B. Kopel
Armed Resistance To The Holocaust, David B. Kopel
David B Kopel
Contrary to myth of Jewish passivity, many Jews did fight back during the Holocaust. They shut down the extermination camp at Sobibor, rose up in the Warsaw Ghetto, and fought in the woods and swamps all over Eastern Europe. Indeed, Jews resisted at a higher rate than did any other population under Nazi rule. The experience of the Holocaust shows why Jews, and all people of good will, should support the right of potential genocide victims to possess defensive arms, and refutes the notion that violence is necessarily immoral.
The Status Of Classical Natural Law: Plato And The Parochialism Of Modern Theory, Eric Heinze
The Status Of Classical Natural Law: Plato And The Parochialism Of Modern Theory, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
The concept of modernity has long been central to legal theory. It is an intrinsically temporal concept, expressly or implicitly defined in contrast to pre-modernity.
Legal theorists sometimes draw comparisons between, on the one hand, various post-Renaissance positivist, liberal, realist or critical theories, and, on the other hand, the classical natural law or justice theories of antiquity or the middle ages, including such figures as Aristotle, Cicero, Augustine or Aquinas. Many theorists, however, while acknowledging superficial differences among the various classical theories, fail to appreciate the variety and complexity of pre-modern thought. Unduly simplifying pre-modern understandings of law, they end …
Epinomia: Plato And The First Legal Theory, Eric Heinze
Epinomia: Plato And The First Legal Theory, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
In comparison to Aristotle, Plato’s general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle already find strong expression in Plato’s work. More than any thinker until the 19th and 20th centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge within democratic legal culture. He rejects schisms between legal norms and community values, institutional separation of law from morals, intricate regimes of legislation and adjudication, and a culture …
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
Robert G. Natelson
The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution’s Indian Commerce Clause. This article is the first comprehensive analysis of the original meaning of, and understanding behind, that constitutional provision. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.
Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Two, The Law Commonplace Book, Daniel Coquillette, Neil Longley York
Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Two, The Law Commonplace Book, Daniel Coquillette, Neil Longley York
Daniel R. Coquillette
No abstract provided.
Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Three, The Southern Journal (1773), Daniel Coquillette, Neil Longley York
Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Three, The Southern Journal (1773), Daniel Coquillette, Neil Longley York
Daniel R. Coquillette
No abstract provided.
Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan
Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan
Lucian E Dervan
In 1946, the governor-elect of Georgia died, sparking a constitutional battle that brought a state government to its knees and a state supreme court to the height of its power. As two armies drew up on the streets of Atlanta, fights erupted in the executive offices and two men stood head to head in a battle for the vacant governor's seat. Into this fray, however, came the rule of law in the form of the state courts, and what may have swelled into an armed conflict of unseen proportions in twentieth century American politics ended with the stirring strike of …
The Inheritance Process In San Bernardino County, California, 1964: A Research Note, Lawrence M. Friedman, Christopher J. Walker, Ben Hernandez-Stern
The Inheritance Process In San Bernardino County, California, 1964: A Research Note, Lawrence M. Friedman, Christopher J. Walker, Ben Hernandez-Stern
Christopher J. Walker
Probate records are ubiquitous. Virtually every American county has records of estates of the dead. These records contain rich source material for any study of American legal and social history. They have a lot to tell us about family life, about the economy, about love and death and every aspect of life in America. Yet very few scholars have tried to tap these records. There are very few empirical studies that use as their main source probate records, probably no more than a dozen or so, and even fewer in California. This research note is a modest attempt to add …