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Articles 1 - 15 of 15

Full-Text Articles in Legal History

Inside The Taft Court: Lessons From The Docket Books, Barry Cushman Jan 2016

Inside The Taft Court: Lessons From The Docket Books, Barry Cushman

Journal Articles

For many years, the docket books kept by certain of the Taft Court Justices have been held by the Office of the Curator of the Supreme Court. Though the existence of these docket books had been brought to the attention of the scholarly community, access to them was highly restricted. In April of 2014, however, the Court adopted new guidelines designed to increase access to the docket books for researchers. This article offers a report and analysis based on a review of all of the Taft Court docket books held by the Office of the Curator, which are the only ...


The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld Jan 2015

The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld

Journal Articles

No abstract provided.


The Jurisprudence Of The Hughes Court: The Recent Literature, Barry Cushman Jan 2014

The Jurisprudence Of The Hughes Court: The Recent Literature, Barry Cushman

Journal Articles

The balance of this Article is devoted, after a fashion, to an exploration of the extent to which the recent literature on the Hughes Court seeks to incorporate the internal point of view. In Part I, I seek to identify the historiographical premises undergirding each author’s treatment of the subject. In Part II, I explore how those historiographical premises are reflected in each author’s treatment of the substantive development of constitutional doctrine during the period. In Part III, I examine the ways in which those historiographical premises inform each author’s analysis of the causal forces driving that ...


Natural Law Theory: Its Past And Its Present, John M. Finnis Jan 2012

Natural Law Theory: Its Past And Its Present, John M. Finnis

Journal Articles

No abstract provided.


On The Historical School Of Jurisprudence, Robert E. Rodes Jan 2004

On The Historical School Of Jurisprudence, Robert E. Rodes

Journal Articles

Legal theory has tended to treat the Historical School as a poor relation, but it has important contributions to make. Developed in opposition to the one-size-fits-all form of natural law that eventuated in the Code Napoleon, it attributes law to a Volksgeist, the spirit of a people, as developed in the peculiar historical experience of that people. The original German proponents of the school had trouble explaining the reception of Roman law in Germany, but despite the importation of technical elements from without, a people's laws are in fact part of their culture and of their spiritual heritage as ...


The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer Jan 1998

The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer

Journal Articles

No abstract provided.


Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes Jan 1997

Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes

Journal Articles

This paper analyzes particular passages in Holmes's famous lecture, and notes important inconsistencies and failings in his approach. After arguing strongly that moral considerations should not enter into legal judgments, he criticizes legal judgments in the light of moral considerations. After defining law as a prediction of what the courts will do, he seems to criticize courts for getting the law wrong in their decisions. His advice to learn the legal profession by studying law from the standpoint of a bad man leaves out of account the numerous potential clients who wish to be law abiding citizens and to ...


Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder Jan 1995

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning ...


Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice Jan 1989

Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice

Journal Articles

No abstract provided.


The Straw Man Of Legal Positivism, Thomas F. Broden Jan 1959

The Straw Man Of Legal Positivism, Thomas F. Broden

Journal Articles

No abstract provided.


Founding Fathers And The Natural Law: A Study Of The Source Of Our Legal Institutions, The, Clarence Emmett Manion Jan 1949

Founding Fathers And The Natural Law: A Study Of The Source Of Our Legal Institutions, The, Clarence Emmett Manion

Journal Articles

No abstract provided.


American Philosophy Of Law, Clarence Emmett Manion Jan 1943

American Philosophy Of Law, Clarence Emmett Manion

Journal Articles

America’s philosophy of law is a rich heritage sculpted by the American Revolution. The bold aspirations of the Declaration of Independence, which advances notions of inalienable, God-given rights find more mild-mannered forms in our Constitution. However, this prevailing concept is what makes our legal and political environment distinct from our English forebears.


A Lawyer Looks At Liberty, Clarence Emmett Manion Jan 1940

A Lawyer Looks At Liberty, Clarence Emmett Manion

Journal Articles

No abstract provided.


In Re Liberty: A Book And Its Critic, Clarence Emmett Manion Jan 1929

In Re Liberty: A Book And Its Critic, Clarence Emmett Manion

Journal Articles

The restrictive craze of American legislators is fast reducing our once virile and individually resourceful population to a race of unthinking automatons. Judicially and otherwise, American liberty and individual competence which is its hand-maid are rapidly being lost. This article discusses the book "Losing Liberty Judicially" by Thomas James Norton and the review of the book by Robert C. Brown.


Shrinking Bill Of Rights, Clarence Emmett Manion Jan 1926

Shrinking Bill Of Rights, Clarence Emmett Manion

Journal Articles

The assertion of intrinsic, God given rights correlated with the decline of monarchical power. The United States’ understanding that all men and women are endowed with unalienable rights was a long and hard-fought conclusion. However, this article argues that the Bill of Rights has gradually changed from being the bold guardian of individual liberty originally envisioned. Ironically, this change can be attributed to the courts and the legislature.