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Articles 1 - 2 of 2
Full-Text Articles in Legal History
The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory Alexander
The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory Alexander
Gregory S Alexander
Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. The purpose of this article is to illuminate, through a case-study, the contingent and ideological character of legal categories. It focuses on the development of trusts into and then as a discrete legal category during the period between the beginning of …
Talking About Difference: Meanings And Metaphors Of Individuality, Gregory Alexander
Talking About Difference: Meanings And Metaphors Of Individuality, Gregory Alexander
Gregory S Alexander
This paper discusses the relationship between communitarianism and difference theory. Specifically, it focuses on the rhetorical practices that have created an apparent conflict between difference theory and communitarianism. My purpose is to suggest why this conflict dissolves when community and difference are understood as strategic rhetorics that share a common political vision.