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Articles 1 - 6 of 6

Full-Text Articles in Legal History

Prudence, Benevolence, And Negligence: Virtue Ethics And Tort Law, Heidi Li Feldman Jan 2000

Prudence, Benevolence, And Negligence: Virtue Ethics And Tort Law, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Tort law assesses negligence according to the conduct of a reasonable person of ordinary prudence who acts with due care for the safety of others. This standard assigns three traits to the person whose conduct sets the bar for measuring negligence: reasonableness, ordinary prudence, and due care for the safety of others. Yet contemporary tort scholars have almost exclusively examined only one of these attributes, reasonableness, and have wholly neglected to carefully examine the other elements key to the negligence standard: prudence and due care for the safety of others. It is mistaken to reduce negligence to reasonableness or to ...


Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West Jan 2000

Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West

Georgetown Law Faculty Publications and Other Works

Allan Hutchinson remarks at the beginning of his interesting article that Gadamer's writings have had only a peripheral influence on legal scholarship -- only occasionally cited, and then begrudgingly so, and never given the serious attention they deserve or require. Nevertheless, Hutchinson acknowledges, Gadamerian influences can be noted -- particularly in the now widely shared understanding that adjudication is, fundamentally, an interpretive exercise. Even with this qualification, though, I think Hutchinson understates Gadamer's impact. Whatever may be true of Gadamer's influence in other disciplines, his influence in law has been unambiguously both broad and deep -- although it has come ...


Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman Jan 2000

Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

It is painful even today to contemplate the awful devastation wreaked upon this nation by the War Between the States. But like most cataclysms, the Civil War also gave birth to some important positive developments. I would like to talk with you today about two such offspring of that war, and the extent to which, like many sibling pairs, they have influenced each other's development. The first child - the most well-known progeny of the Civil War - was this country's commitment to civil rights. The war, of course, ended slavery. But it did not - and could not - change the ...


Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman Jan 2000

Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Given that law is made by and for people, the relatively little attention lawyers, judges, and legal scholars have paid to human psychology is surprising. Too often, legal writers have either presupposed or borrowed impoverished conceptions of human nature, erecting legal theories for people presumptively possessed of the requisite nature, regardless of the psychology of the actual persons who make and live under the law. Even when they do attend to human nature, legal scholars tend to ignore the centrality of emotions, dispositions, fantasies, and wishes to human psychology. The articles in this Symposium are united by their authors' resistance ...


Willard Hurst And The Administrative State: From Williams To Wisconsin, Daniel R. Ernst Jan 2000

Willard Hurst And The Administrative State: From Williams To Wisconsin, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

This article follows Willard Hurst from his undergraduate days at Williams College through the start of his teaching career at Wisconsin in the fall of 1937. During these years Hurst acquired an abiding interest in the rise of the administrative state as well as some of the insights he would use to account for it in his mature work. For the most part, the article proceeds chronologically through four episodes in Hurst's training: (1) his year-long study of Charles and Mary Beard's "Rise of American Civilization" undertaken as an undergraduate at Williams College; (2) his three years as ...


Is The Rule Of Law Cosmopolitan?, Robin West Jan 2000

Is The Rule Of Law Cosmopolitan?, Robin West

Georgetown Law Faculty Publications and Other Works

What I will argue in the bulk of the paper is that whether or not the rule of law implies ethical cosmopolitanism depends: it depends on how we understand or interpret the legalistic sense of justice that law and the rule of law seemingly require. The virtue that we sometimes call legal justice, and the correlative meaning of the rule of law to which it is yoked, can plausibly be subjected to a range of different interpretations, each resting on quite different understandings of the point of law and of what the individual law is meant to protect. Some of ...