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Articles 1 - 13 of 13
Full-Text Articles in Legal History
Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang
Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This article considers, from the perspectives of legal history and jurisprudence, longstanding controversy surrounding the interpretation of the phrase "wrong or contra to law" in section 84 of the Penal Code, and suggests that the evidence points to interpretation that "wrong" means "legally wrong" or "contrary to law". It also consid the practical implications that follow from such an interpretation, which implicatio would allow for some role, nevertheless, for extral
Law And Economics: Nexus Of Science And Belief, Robert C. Downs
Law And Economics: Nexus Of Science And Belief, Robert C. Downs
Faculty Works
No abstract provided.
The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon
The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon
All Faculty Scholarship
No abstract provided.
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Articles
The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Journal Articles
This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …
Prediction And The Rule Of Law, Michael C. Dorf
Prediction And The Rule Of Law, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson
Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson
Faculty Articles and Other Publications
As part of the centennial celebration of the Washington College of Law, I am pleased to accept the invitation of The Law Review to revisit those six fascinating years of my deanship from 1971 to 1977. It is time for a backward glance in light of the profound changes that have since taken place in society, as well as in the Washington College of Law (WCL).
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
LLM Theses and Essays
Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …
The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly
UIC Law Review
No abstract provided.
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
UIC Law Review
No abstract provided.
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter
UIC Law Review
No abstract provided.
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
UIC Law Review
No abstract provided.