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Legal History Commons

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Full-Text Articles in Legal History

Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green Jan 2005

Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green

Faculty Publications

No abstract provided.


Legal Revolutions: Six Mistakes About Discontinuity In The Legal Order, Michael S. Green Jan 2005

Legal Revolutions: Six Mistakes About Discontinuity In The Legal Order, Michael S. Green

Faculty Publications

A legal revolution occurs when chains of legal dependence rupture-causing one legal system to be replaced by a different and incommensurable legal system. For example, before the French Revolution chains of legal dependence ultimately led to Louis XVI, but after this legal revolution they led to the National Assembly (or the people of France it represented). The very possibility of legal revolutions depends upon laws being structured into legal systems in this fashion. And yet, despite substantial academic interest in legal revolutions, there has been a reluctance to examine the structure that makes them possible. The goal of this Article …