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Full-Text Articles in Legal History
Rediscovering Williston, Mark L. Movsesian
Rediscovering Williston, Mark L. Movsesian
Faculty Publications
This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the under-theorized quality of Williston's scholarship—to contemporary …
Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus
Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus
Scholarly Works
Although legal scholars often assume that the history of children's rights in the United States did not begin until the mid twentieth century, this essay argues that a sophisticated conception of children's rights existed a century earlier, and analyzes how lawmakers articulated it through their attempts to define the rights of dependent children. How to handle their cases raised fundamental questions about whether children were autonomous beings or the property of either their parents and/or the state. And, if the latter, what were the limits of parental authority and/or the power of the state acting as a parent? By investigating …
Foundations Of Practical Reason Revisited, John M. Finnis
Foundations Of Practical Reason Revisited, John M. Finnis
Journal Articles
"One's investigations, reflections and communications are actions. Sometimes they are simply spontaneous, but very often, as with other kinds of action, one needs to opt into them by deliberation, choice and continued effort, all of which make noticeable one's responsiveness to opportunities. This paper revisits some main elements in that responsiveness."
Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley
Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley
Journal Articles
Timothy Endicott tells the tale of the "wise electrician." The main activities of the Wise Electrician are two. One is that he installs legally required Grade 5 insulation in everyone's home save one. The second is that on his own ceiling light circuits he uses Grade 4 insulation, which cheaper to acquire and, in his professional judgment, it is safe. In fact, the Wise Electrician would install Grade 4 in those houses, too, but for one fact: it would be illegal. What makes our man so interesting is that it is illegal to install Grade 4 in his house too. …