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Articles 1 - 7 of 7

Full-Text Articles in Legal History

The Concept Of Religion, Eduardo M. Peñalver Dec 1997

The Concept Of Religion, Eduardo M. Peñalver

Cornell Law Faculty Publications


Are Housekeepers Like Judges?, Stephen P. Garvey Jul 1997

Are Housekeepers Like Judges?, Stephen P. Garvey

Cornell Law Faculty Publications

Professor Greenawalt proposes that we look at interpretation "from the bottom up." By taking a close look at informal relationships between an authority and his or her agent, and how the agent "faithfully performs" instructions within such relationships, he hopes to gain insight into the problems surrounding the interpretation of legal directives. The analysis of "faithful performance" in informal contexts which Professor Greenawalt presents in From the Bottom Up is the first step in a larger project. His next step is to see what lessons the interpretation of instructions in informal contexts has for law. This Comment tries to contribute ...


Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab Jul 1997

Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab

Cornell Law Faculty Publications

In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of ...


Recipe For Trouble: Some Thoughts On Meaning, Translation And Normative Theory, Michael C. Dorf Jun 1997

Recipe For Trouble: Some Thoughts On Meaning, Translation And Normative Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab May 1997

The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Cornell Law Faculty Publications

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability. Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article—which, thanks to its subtitle, we shall call The Cathedral—has had a remarkable influence on our own thinking, as we tried to show in a recent paper.

This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the ...


How Law Is Formal And Why It Matters, Robert S. Summers Jan 1997

How Law Is Formal And Why It Matters, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Two- And Three-Dimensional Property Rights, Emily Sherwin Jan 1997

Two- And Three-Dimensional Property Rights, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.