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Full-Text Articles in Legal History

Legal And Constitutional History, William E. Nelson Jan 1978

Legal And Constitutional History, William E. Nelson

Faculty Scholarship Series

Since the publication of the last Legal and Constitutional Histo, survey
two years ago, the field has seen an extraordinary outpouring of
significant literature. In part, the literature was a product of the bicentennial
celebration. The University of Pennsylvania Law Review, the
Virginia Law Review, the De Paul Law Review, and even the Public
Contract Law Journal published bicentennial issues, each of which contained
several historical articles. In addition, the Law and Society Review
published a two-issue Festschrift in honor of the retirement of the
preeminent legal historian of the last three decades, James Willard Hurst. These special issues, together ...


Legal And Constitutional History, William E. Nelson Jan 1976

Legal And Constitutional History, William E. Nelson

Faculty Scholarship Series

A decade ago I contributed to the Annual Survey of American Law
my first review of the literature in the field of American legal history.
This year I would like to look back over the past ten with the
hope of identifying at least some of the continuities and changes in the
literature during that period.
Continuities in the Literature.-Many legal historians continue to
concentrate on discussions of factual data in their writings about the
American legal past. Some legal historians, such as Robert Mennel in
Thorns and Thistles: Juvenile Delinquents in the United States, 1825-
1940, have enlarged ...


Epistemology Of Legal Judgments, F. S. C. Northrop Jan 1964

Epistemology Of Legal Judgments, F. S. C. Northrop

Faculty Scholarship Series

THERE are three major ways of understanding any subject. The
science of epistemology tells us what they are. It does this by investigating
our human ways of knowing, with particular reference to how words
obtain their various species of meanings. Since law, perhaps more than
most subjects, is concerned with the use and the interpretation of language,
it may help us to understand and evaluate the all-or-none principle
in legal judgments if we describe three major epistemological theories of
knowledge, including their respective conceptions of the meaning of
words, and relate them to the settling of legal disputes.


Modern Logic And Judicial Decision Making: A Sketch Of One View (With M. E. Caldwell), Layman E. Allen, M. E. Caldwell Jan 1963

Modern Logic And Judicial Decision Making: A Sketch Of One View (With M. E. Caldwell), Layman E. Allen, M. E. Caldwell

Faculty Scholarship Series

Two hundred years elapsed before the nineteenth century logicians Boole, De
Morgan, and others, finally succeeded in formally developing the "calculus of reasoning" first suggested by the German mathematician, Leibniz.3 It is, perhaps, to the credit of the legal profession that less than one century has subsequently elapsed, and already some lawyers and legal writers, along with other scholars, are beginning to explore the relationship between modern logic and law. What is attempted here is to outline the bare bones of one tentative way of looking at the relationship between modern logic and the judicial decision process. From the ...


Toward A More Systematic Drafting And Interpreting Of The Internal Revenue Code: Expenses, Losses And Bad Debts, Layman E. Allen, G. Orechkoff Jan 1957

Toward A More Systematic Drafting And Interpreting Of The Internal Revenue Code: Expenses, Losses And Bad Debts, Layman E. Allen, G. Orechkoff

Faculty Scholarship Series

Suppose that you, as a reasonable man, are asked whether the following
two sets of rules mean exactly the same thing. If they do and if you
intend to communicate your message as effectively as possible, which
of the two sets would you choose to state the organizational rules of your
law school?


Philosophical Issues In Contemporary Law, F. S. C. Northrop Jan 1957

Philosophical Issues In Contemporary Law, F. S. C. Northrop

Faculty Scholarship Series

PHILOSOPHY is the name for the basic methodological and theoretical assumptions
of a subject. Since every science uses some method of investigation
and any scientist who reports facts to his colleagues must express these facts
in words and, hence, introduce concepts and theory, it follows that any
science whatever is also a philosophy. When no facts arise, however, to
bring the traditional theory or methods of a subject into question, its problems
are not philosophical. Then to be a scientist one need not also be a philosopher.
Mathematics and physics were in such a state during the two hundred years ...


Book Review: The Open Society And Its Enemies, Felix S. Cohen Jan 1951

Book Review: The Open Society And Its Enemies, Felix S. Cohen

Faculty Scholarship Series

DURING the Years of the Cold War it is well to remember the ancient
Chinese proverb: the first result of any war is that the adversaries adopt
each other's vices.
Today when the Open Society and its Enemies are locked in a bitter struggle,
it is painful to record how, step by step, each antagonist takes on the worst
features of its adversary. The Communist totalitarians who once denounced
capitalism for its huge expenditures on armaments, for its imperial control
of "backward" areas, for its long working hours, for its government control
of labor unions, and for the wide ...


Book Review: Legal Philosophy From Plato To Hegel, Felix S. Cohen Jan 1949

Book Review: Legal Philosophy From Plato To Hegel, Felix S. Cohen

Faculty Scholarship Series

Huntington Cairns has provided lawyers, judges, and laymen with a long-needed guide to the thinking of professional philosophers on the perennial problems of the law. I think it safe to say that no better in- troduction to the subject has ever been written. Indeed, the book is so good that one's chief criticism must be that there is not more of it. Thir- teen major philosophers are included-if we accept as valid our author's characterization of two literary lawyers (Cicero and Bacon) as major philosophers. A good many important philosophical figures are omitted. No attempt is-made to convey ...


The New Federal Rules Of Criminal Procedure: Ii, George .H. Dession Jan 1947

The New Federal Rules Of Criminal Procedure: Ii, George .H. Dession

Faculty Scholarship Series

INDICTMENT AND INFORMATION
The Grand Jury. In approximately half the States as well as in England
use of the grand jury as an investigative body," and of grand jury
indictment as a step in prosecution, has been largely abandoned.
This old institution has, however, been retained in federal practice
pretty much in the traditional common law form. The new Rules do
not change this as, indeed, they could not in view of the constitutional
guaranty that no federal prosecution for a "capital, or otherwise infamous"
crime (in practice, any felony) shall be had save on "presentment
or indictment" by a ...


The New Federal Rules Of Criminal Procedure: I, George H. Dession Jan 1946

The New Federal Rules Of Criminal Procedure: I, George H. Dession

Faculty Scholarship Series

ON March 21, 1946, a new set of rules of criminal procedure for the
federal courts went into effect. Hailed by former Attorney General
Homer Cummings as "a triumph of the democratic process," this
body of rules is the non-legislative product of a laborious, eight-year
enterprise which required the participation of a great many individuals
and groups throughout the United States, including judges, lawyers,
government officers, legal scholars, and committees of bench and bar.
In contrast with the unwieldy legislative codes of criminal procedure
of many of the states, these rules occupy but sixty small pages of large
print. In ...


Judicial Organization And Procedure, Walter F. Dodd Jan 1931

Judicial Organization And Procedure, Walter F. Dodd

Faculty Scholarship Series

Felony Trials Without a Jury. Recent crime surveys have shown
that the majority of contested felony cases are never tried in open court,
being settled instead by the striking of a "bargain" between the defendant
and the prosecuting officer. Administrative discretion has thus
largely supplanted judge and jury alike. The practice has been severely
criticized by Professor Moley, who characterizes it as "psychologically
more akin to a game of poker than to a process of justice," being
"an attempt to get as much as possible from an unwilling giver"
rather than "a search for truth."' In view of the technicalities ...


The Duty Problem In Negligence Cases: Ii, Leon Green Jan 1929

The Duty Problem In Negligence Cases: Ii, Leon Green

Faculty Scholarship Series

In the part of this paper published in an earlier number of the REVIEW,
I sought to develop the idea that legal "duties" are determined
by factors outside any legal theory which has yet crystallized. These
factors were designated: (1) The administrative factor; (2) the moral
or ethical factor; (3) the economic factor; (4) the prophylactic factor;
(5) the justice factor. The first was briefly discussed. Space
limitations require that the others be dealt with in gross rather than
singly, and in view of this I hastily point the direction taken by each
of them.