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Full-Text Articles in Legal History
Jefferson's "Laws Of Nature": Newtonian Influence And The Dual Valence Of Jurisprudence And Science, Allen P. Mendenhall
Jefferson's "Laws Of Nature": Newtonian Influence And The Dual Valence Of Jurisprudence And Science, Allen P. Mendenhall
Allen Mendenhall
Jefferson appears to have conceived of natural law rather differently from his predecessors - namely, Saint Thomas Aquinas, Richard Hooker, Hugo Grotius, Samuel von Pufendorf, John Locke, and, among others, William Blackstone. This particular pedigree looked to divine decree or moral order to anchor natural law philosophy. But Jefferson’s various writings, most notably the Declaration and Notes on the State of Virginia, champion the thinking of a natural historian, a man who celebrated reason and scientific method, who extolled fact over fancy, material over the immaterial, observation over superstition, and experiment over divine revelation. They reveal, in other words, an …
Кризисный Период Развития Отечественного Юридического Образования (1917-1920 Г.Г.), Leonid G. Berlyavskiy
Кризисный Период Развития Отечественного Юридического Образования (1917-1920 Г.Г.), Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
In 1917-1920 Sovnarkom and Narkompros of the RSFSR have accepted the whole complex of the statutory acts directed on abolition of the Law faculties and simultaneously establishment of the new state high schools and scientific institutions network, under control to the power. The Socialist Academy of Social Studies has been founded as a counterbalance to the project of the Institute of Social Sciences developed within the limits of the Academy of Sciences for social studies, including, jurisprudence, began to be considered as the sphere of the Party apparatus priority interests
Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian C. Bartrum
Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian C. Bartrum
Ian C Bartrum
This paper is part of larger symposium convened for the 2010 AALS annual meeting. In it I adapt some of my earlier constitutional theoretical work to engage the topic of that symposium: the so-called “interpretation/construction distinction”. I make two related criticisms of the distinction: (1) it relies on a flawed conception of linguistic meaning, and (2) while these flaws may be harmless in the “easy” cases of interpretation, they are much more problematic in the difficult cases of most concern. Thus, I doubt the ultimate utility of the distinction as part of a “true and correct” model of constitutional theory. …
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
David R. Cleveland
While unpublished opinions are now freely citeable under Federal Rule of Appellate Procedure 32.1, their precedential value remains uncertain. This ambiguity muddles the already unclear law surrounding qualified immunity and denies courts valuable precedents for making fair and consistent judgments on these critical civil rights issues. When faced with a claim that they have violated a person’s civil rights, government officials typically claim qualified immunity. The test is whether they have violated “clearly established law.” Unfortunately, the federal circuits differ on whether unpublished opinions may be used in determining clearly established law. This article, Clear as Mud: How the Uncertain …
The Oft-Ignored Mr. Turton: The Role Of District Collector In A Passage To India, Allen P. Mendenhall
The Oft-Ignored Mr. Turton: The Role Of District Collector In A Passage To India, Allen P. Mendenhall
Allen Mendenhall
E.M. Forster’s A Passage to India presents Brahman Hindu jurisprudence as an alternative to British rule of law, a utilitarian jurisprudence that hinges on mercantilism, central planning, and imperialism. Building on John Hasnas’s critiques of rule of law and Murray Rothbard’s critiques of Benthamite utilitarianism, this essay argues that Forster’s depictions of Brahman Hindu in the novel endorse polycentric legal systems. Mr. Turton is the local district collector whose job is to pander to both British and Indian interests; positioned as such, Turton is a site for critique and comparison. Forster uses Turton to show that Brahman Hindu jurisprudence is …