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Legal History Commons

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Articles 1 - 3 of 3

Full-Text Articles in Legal History

Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza Jan 1997

Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza

Journal Articles

No abstract provided.


Catholic Faith And Legal Scholarship, Gerard V. Bradley Jan 1997

Catholic Faith And Legal Scholarship, Gerard V. Bradley

Journal Articles

No abstract provided.


Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes Jan 1997

Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes

Journal Articles

This paper analyzes particular passages in Holmes's famous lecture, and notes important inconsistencies and failings in his approach. After arguing strongly that moral considerations should not enter into legal judgments, he criticizes legal judgments in the light of moral considerations. After defining law as a prediction of what the courts will do, he seems to criticize courts for getting the law wrong in their decisions. His advice to learn the legal profession by studying law from the standpoint of a bad man leaves out of account the numerous potential clients who wish to be law abiding citizens and to ...