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Full-Text Articles in Legal History

Gaming, Lotteries, And Wagering: The Pre-Revolutionary Roots Of The Law Of Gambling, G. Robert Blakey Jan 1985

Gaming, Lotteries, And Wagering: The Pre-Revolutionary Roots Of The Law Of Gambling, G. Robert Blakey

Journal Articles

Over the last several decades, there has been an increasing trend to move away from general prohibition against gambling and to move towards legalizing various forms of gambling. This Article traces the pre-revolutionary roots concerning the law of gambling and breaks the discussion into three types: gaming, lotteries, and wagering. In particular, the discussion focuses on the law and practice of the English prior to 1776 and the law and practice of the Early Colonial Period from 1929-1776. The Author proposes that an understanding of the past is needed in order to reform the law of gambling without succumbing to ...


On 'Positivism' And 'Legal Rational Authority', John M. Finnis Jan 1985

On 'Positivism' And 'Legal Rational Authority', John M. Finnis

Journal Articles

This Article critiques Anthony Kronman’s book Max Weber, which provides an interpretation of Weber’s social theory of law concerning positivism and legal rational authority. In particular, the three premises of Kronman’s thesis regarding social theory are considered and their weaknesses are explained. Through this critique, the Author argues that no good reason has been presented to accept that Weber’s positivist theory is of value.