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Full-Text Articles in Legal History
"Legal History" Or The History Of Law: A Primer On Bringing The Law's Past Into The Present, Stephen B. Presser
"Legal History" Or The History Of Law: A Primer On Bringing The Law's Past Into The Present, Stephen B. Presser
Vanderbilt Law Review
The increasing opportunities to teach legal history in law schools and the lamentable decline of positions available to historians in undergraduate institutions have resulted in more historians either teaching in law schools or combining graduate training in history with graduate training in law. As a result, several methodologies or approaches to legal history have emerged. Although legal history has generated a great deal of comment, few have written about how this spate of scholarship and criticism might affect law school teaching. This Article attempts to categorize and to review,therefore, the kinds of insights that American legal history currently offers both …
H.L.A. Hart By Neil Maccormick, Kenneth Henley
H.L.A. Hart By Neil Maccormick, Kenneth Henley
Vanderbilt Law Review
English legal positivism began with the clarity of Jeremy Bentham and John Austin, but their clarity sometimes was achieved by sacrificing conceptual subtlety. In 1961 H.L.A. Hart published The Concept of Law" and renewed the positivist tradition with a subtlety that did not sacrifice clarity. It is appropriate, therefore,that Neil MacCormick's study of Hart should begin the monograph series Jurists: Profiles in Legal Theory.'The conceptual separation between law and morals serves as the primary tenet of legal positivism. Although "positive morality"(the moral beliefs prevalent in a particular society) influences the development of law, the law-once formed-exists as a distinct social …