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Legal History Commons

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Articles 1 - 7 of 7

Full-Text Articles in Legal History

“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler Dec 1991

“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler

Cardozo Law Review

No abstract provided.


Tradition, Precedent, And Justice Scalia, David A. Strauss Jun 1991

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.


Comment: Legal Process And Judges In The Real World, Peter L. Strauss Jun 1991

Comment: Legal Process And Judges In The Real World, Peter L. Strauss

Cardozo Law Review

No abstract provided.


Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner Jun 1991

Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner

Cardozo Law Review

No abstract provided.


The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam Jun 1991

The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam

Cardozo Law Review

No abstract provided.


The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson May 1991

The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson

Dalhousie Law Journal

Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …


Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green Jan 1991

Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green

Reviews

David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …