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Articles 31 - 51 of 51
Full-Text Articles in Legal History
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
Touro Law Review
No abstract provided.
Law Reform Error: Retry Or Abort?, Audrey Macklin
Law Reform Error: Retry Or Abort?, Audrey Macklin
Dalhousie Law Journal
The void left by the demise of the Law Reform Commission of Canada (LRCC) in 1991 presents an opportunity to rethink the scope and legitimacy of law reform as it has been conceptualized and practised by academic lawyers. I am concerned that the dominant meaning ascribed to the term "federal law reform" under the tenure of the LRCC was partial, inadequate, and ultimately conservatizing in its influence. In reviewing past commentary on law reform in Canada, I have been struck by the recurring themes that emerged from the literature. I was particularly impressed by an exceptional piece written by the …
The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden
The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden
Dalhousie Law Journal
It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Dalhousie Law Journal
To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
University of Miami Law Review
No abstract provided.
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Cleveland State Law Review
My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …
Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio
Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio
Indiana Law Journal
This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Bloomington, as a part of the Addison C. Harris lecture series.
Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer
Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer
Indiana Law Journal
No abstract provided.
Law And Today's Crisis-Situations, Thomas E. Davitt
Law And Today's Crisis-Situations, Thomas E. Davitt
Indiana Law Journal
No abstract provided.
Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler
Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler
Villanova Law Review
No abstract provided.
The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz
The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz
Villanova Law Review
No abstract provided.
Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney
Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney
Villanova Law Review
No abstract provided.
Law And History, C. J. Friedrich
Law And History, C. J. Friedrich
Vanderbilt Law Review
Law is frozen history. In an elementary sense, everything we study when we study law is the report of an event in history, and all history consists of such records or reports. It therefore cannot be my task to develop a sermon on the importance of historical records for the understanding of the law; the tie is too intimate and too obvious to need laboring." The work of Professor Maine on 'Ancient Law,'" wrote Professor T. W. Dwight in his Introduction to that book in the sixties of the last century, "is almost the only one in the English language …
Gustav Radbruch, Wolfgang Friedmann
Gustav Radbruch, Wolfgang Friedmann
Vanderbilt Law Review
As recently as the end of the last World War the name and work of Gustav Radbruch were virtually unknown in the Anglo-American legal world. In 1938 Roscoe Pound, in his encyclopedic survey, "Fifty Years of Jurisprudence," had given a concise account of Radbruch's legal philosophy in the context of his section on "neo-idealism." In 1944 Anton Hermann Chroust wrote a penetrating analysis of Radbruch's philosophy of law, and about the same time the first edition of the present writer's Legal Theory, published on the other side of the Atlantic, included Gustav Radbruch in the survey of major legal philosophers. …
Book Reviews, Edgar Bodenheimer, Robert S. Lancaster, Stanley D. Rose, Lloyd B. Urdahl
Book Reviews, Edgar Bodenheimer, Robert S. Lancaster, Stanley D. Rose, Lloyd B. Urdahl
Vanderbilt Law Review
The Great Legal Philosophers: Selected Readings in Jurisprudence Edited by Clarence Morris. Philadelphia: University of Pennsylvania Press 1959. Pp. 571. $10.00.
reviewer: Edgar Bodenheimer
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Law as Large as Life: A Natural Law for Today and the Supreme Court as its Prophet By Charles P. Curtis. New York: Simon & Schuster. 1959. $3.50.
reviewer: Robert S. Lancaster
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Cases and Materials on Juriprudence By John C. H. Wu. St.Paul: West Publishing Co. 1960. Pp. xliii, 719. $12.00.
reviewer: Stanley D. Rose
================================
The Law and Legal Theory of the Greeks: An Introduction By J.Walter Jones. New York: Oxford University Press, …
Plato's Legal Philosophy, Jerome Hall
The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.
The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.
Washington and Lee Law Review
No abstract provided.
The Law-As I See It, E. Barrett Prettyman
The Law-As I See It, E. Barrett Prettyman
Washington and Lee Law Review
No abstract provided.
Legal Philosophy From Plato To Hegel, By Huntington Cairns, Jerome Frank
Legal Philosophy From Plato To Hegel, By Huntington Cairns, Jerome Frank
Indiana Law Journal
No abstract provided.
A Note On Samuel Pufendorf, Anton-Hermann Chroust
A Note On Samuel Pufendorf, Anton-Hermann Chroust
Vanderbilt Law Review
The work of Samuel Pufendorf was certainly the outstanding influence on continental legal philosophy during the second half of the seventeenth and throughout the eighteenth centuries. From his work comes the supposedly authoritative notion that scientific natural law and, hence, true legal philosophy as such, began with Hugo Grotius. What he actually meant to say was that Hugo Grotius had secularized the natural law, that is, he had divorced it from moral theology and put it on a non-theological--and, we may surmise--on a non-ethical basis.
How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound
How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound
West Virginia Law Review
No abstract provided.