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Legal History Commons

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Articles 1 - 4 of 4

Full-Text Articles in Legal History

On The Incoherence Of Legal Positivism, John M. Finnis Jan 2000

On The Incoherence Of Legal Positivism, John M. Finnis

Journal Articles

No abstract provided.


Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin Jan 2000

Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin

Journal Articles

This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.


Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner Jan 2000

Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner

Journal Articles

In recent years, perhaps no institution of American governance has been so thoroughly and consistently excoriated by legal theorists as the familiar American system of winner-take-all elections. The winner-take-all system is said to waste votes, lead to majority monopolization of political power, and cause the under representation and consequent social and economic subordination of political minorities. Some political scientists have attempted to defend winner-take-all systems on the ground that they perform better than PR in maximizing long-term collective and social interests. This article argues, in contrast, that winner-take-all electoral systems rest upon, and can be adequately defended, if at all ...


The Voice Of Willard Hurst, Alfred S. Konefsky Jan 2000

The Voice Of Willard Hurst, Alfred S. Konefsky

Journal Articles

No abstract provided.