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Articles 1 - 4 of 4

Full-Text Articles in Legal History

International Law Of War Since The War, Edwin Borchard Jan 1934

International Law Of War Since The War, Edwin Borchard

Faculty Scholarship Series

In all revolutionary periods customary law tends to suffer from emotional attack and from the popular demand for shortcuts to salvation. The function of law as a guaranty of general security, as a source of reliance for the weak, as a necessary foundation for enterprise 'and commitments, as an alternative to force, corruption, and favoritism, is forgotten in the hysterical exaltation of panaceas, punitive methods, and radical departures from tried experience. This is usually accompanied by depreciation of tradition and precedent as obstacles in the way of the new revelation.


Protection Of Citizens Abroad And Change Of Original Nationality, Edwin Borchard Jan 1934

Protection Of Citizens Abroad And Change Of Original Nationality, Edwin Borchard

Faculty Scholarship Series

Precedent and time are the creators and preservers of customary law. So strong is the force of habit in human behavior that man in doubt or distress instinctively turns to past experience to see how his forbears dealt with similar problems. The law, which is the cement holding together the social structure, is, in its evolution as a conservative force, of necessity driven to search for precedents and to profit by them in building certainty and thereby security. Without landmarks there is no system; and for the very reason that international law is deficient in its lack of a legislature ...


Towards Legal Understanding: I, Walter Nelles Jan 1934

Towards Legal Understanding: I, Walter Nelles

Faculty Scholarship Series

The article has two aims: first to explain, and
if possible escape, confusion about what law is and what makes and
changes it; then to go on towards showing how, if at all, law may be
brought nearer to possessing in all its parts what was anciently considered
its essential characteristic-satisfactoriness to all socially tolerable
persons.


Towards Legal Understanding: Ii, Walter Nelles Jan 1934

Towards Legal Understanding: Ii, Walter Nelles

Faculty Scholarship Series

"Men make their own history," including their legal history. But
they make it "not under conditions chosen by themselves, but under
conditions found at hand, given and handed down."2 Though they
never leave conditions as they find them, they adapt old ways and beliefs
to new desires and interests, to persist, in spite of changes, in conditions
handed down.
An outline, necessarily attenuated, of salient changes in legal conditions
in successive periods of Anglo-American history has been carried
to the middle of the nineteenth century. It will be briefly interrupted
for a closer view of an ancient illusion whose ...