Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Legal History
The Evolution Of Law: Continued, Alan Watson
The Evolution Of Law: Continued, Alan Watson
Scholarly Works
In my book The Evolution of Law I sought to give a general theory of legal evolution based on detailed legal examples from which generalizations could be drawn, offering as few examples as were consistent with my case in order to present as clear a picture as possible. I was well aware as I was writing that some critics would regard the examples as mere isolated aberrations and for them and for other readers who, whether convinced of the thesis or not, would like further evidence, I want here to bring forward a few extra significant examples.
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Scholarly Works
Charles Cooper believes that the ninth amendment should be read at once more broadly and more narrowly than it is today. In his view, the intent of the Framers was to cabin the power of the federal government. By taking note in the ninth amendment of rights other than those enumerated in the first eight, they sought to ensure that the national government would not exercise powers beyond those listed in the Constitution. Since the aim of the ninth amendment was to keep the federal government one of limited power, it is inappropriate to apply the amendment to the states, …
Legal Evolution And Legislation, Alan Watson
Legal Evolution And Legislation, Alan Watson
Scholarly Works
For several years I have been working on two relationships: the relationship between legal rules and the society in which they operate, and the relationship between sources of law and the way law evolves. Some critics have suggested that in discussing the evolution of law, I have understated the revolutionary force of legislation and statutory law. This issue will be the focus of this article.
Legality And Empathy, Lynne Henderson