Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (4)
- Arts and Humanities (3)
- Civil Rights and Discrimination (3)
- Jurisprudence (3)
- Criminal Law (2)
-
- History (2)
- Legal (2)
- Legal Ethics and Professional Responsibility (2)
- Natural Law (2)
- Political History (2)
- Accounting (1)
- American Literature (1)
- American Studies (1)
- Banking and Finance Law (1)
- Business (1)
- Comparative and Foreign Law (1)
- Economics (1)
- Education Law (1)
- English Language and Literature (1)
- European Law (1)
- First Amendment (1)
- History of Religion (1)
- Human Rights Law (1)
- Law and Economics (1)
- Law and Politics (1)
- Law and Society (1)
- Legal Education (1)
- Legal Profession (1)
- Institution
- Publication
- File Type
Articles 1 - 14 of 14
Full-Text Articles in Legal History
Nigger Manifesto: Ideological And Intellectual Discrimination Inside The Academy, Ellis Washington
Nigger Manifesto: Ideological And Intellectual Discrimination Inside The Academy, Ellis Washington
Ellis Washington
Draft – 22 March 2014
Nigger Manifesto
Ideological Racism inside the American Academy
By Ellis Washington, J.D.
Abstract
I was born for War. For over 30 years I have worked indefatigably, I have labored assiduously to build a relevant resume; a unique curriculum vitae as an iconoclastic law scholar zealous for natural law, natural rights, and the original intent of the constitutional Framers—a Black conservative intellectual born in the ghettos of Detroit, abandoned by his father at 18 months, who came of age during the Detroit Race Riots of 1967… an American original. My task, to expressly transcend the ubiquitous …
On The Historical School Of Jurisprudence, Robert E. Rodes
On The Historical School Of Jurisprudence, Robert E. Rodes
Robert Rodes
Legal theory has tended to treat the Historical School as a poor relation, but it has important contributions to make. Developed in opposition to the one-size-fits-all form of natural law that eventuated in the Code Napoleon, it attributes law to a Volksgeist, the spirit of a people, as developed in the peculiar historical experience of that people. The original German proponents of the school had trouble explaining the reception of Roman law in Germany, but despite the importation of technical elements from without, a people's laws are in fact part of their culture and of their spiritual heritage as these …
Editorial Introduction, Gerard V. Bradley, John M. Finnis
Editorial Introduction, Gerard V. Bradley, John M. Finnis
Gerard V. Bradley
This Article is a forward to nine articles from the 2001 Symposium on Natural Law and Human Fulfillment, held at Notre Dame Law School. The Symposium was held to mark the 35th anniversary of the publication of Germain Grisez's "The First Principle of Practical Reason: A Commentary on the Summa Theologiae."
The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George
The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George
Gerard V. Bradley
No abstract provided.
Response To Hittinger, Gerard V. Bradley
Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser
Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser
Richard T. Bowser
No abstract provided.
Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser
Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser
J. Stanley McQuade
No abstract provided.
Some Reflections On Historical Elements In Contemporary Written Constitutions: Selected Examples And A Recent Case In Hungary, Stephan Foldes
Some Reflections On Historical Elements In Contemporary Written Constitutions: Selected Examples And A Recent Case In Hungary, Stephan Foldes
Stephan Foldes
Examples of historical law being included in today’s constitutional law are provided by constitutional enactments of the United States, Canada, Sweden, Norway, Belgium, Finland, Luxembourg, Germany, Ireland, France, Turkey, Slovakia, the Czech Republic, and Hungary. Issues of interpretation and application are again raised by a recent case decided in the Constitutional Court of Hungary.
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Alfred C. Yen
In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.
The Nuremberg Trials And American Jurisprudence: The Decline Of Legal Realism, The Revival Of Natural Law, And The Development Of Legal Process Theory, Rodger D. Citron
The Nuremberg Trials And American Jurisprudence: The Decline Of Legal Realism, The Revival Of Natural Law, And The Development Of Legal Process Theory, Rodger D. Citron
Rodger Citron
No abstract provided.
Jefferson's "Laws Of Nature": Newtonian Influence And The Dual Valence Of Jurisprudence And Science, Allen P. Mendenhall
Jefferson's "Laws Of Nature": Newtonian Influence And The Dual Valence Of Jurisprudence And Science, Allen P. Mendenhall
Allen Mendenhall
Jefferson appears to have conceived of natural law rather differently from his predecessors - namely, Saint Thomas Aquinas, Richard Hooker, Hugo Grotius, Samuel von Pufendorf, John Locke, and, among others, William Blackstone. This particular pedigree looked to divine decree or moral order to anchor natural law philosophy. But Jefferson’s various writings, most notably the Declaration and Notes on the State of Virginia, champion the thinking of a natural historian, a man who celebrated reason and scientific method, who extolled fact over fancy, material over the immaterial, observation over superstition, and experiment over divine revelation. They reveal, in other words, an …
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
David B Kopel
The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.
Self-Defense In Asian Religions, David B. Kopel
Self-Defense In Asian Religions, David B. Kopel
David B Kopel
This Article investigates the attitudes of six Far Eastern religions - Confucianism, Taoism, Hinduism, Sikhism, Jainism, and Buddhism - towards the legitimacy of the use of force in individual and collective contexts. Self-defense is strongly legitimated in the theory and practice of the major Far Eastern religions. The finding is consistent with natural law theory that some aspects of the human personality, including the self-defense instinct, are inherent in human nature, rather than being entirely determined by culture.
Freedom To And Freedom From: A Response To Garvey And Armacost With A Tinge Of Legal Perfectionism, Steve Sheppard
Freedom To And Freedom From: A Response To Garvey And Armacost With A Tinge Of Legal Perfectionism, Steve Sheppard
Steve Sheppard
In his article Control Freaks, 47 Drake L. Rev. 1 (1998), Professor John Garvey offers a controversial explanation of how freedom works and why it is good, which is something the traditional American narrative of freedom assumes without attempting a further justification. Professor Garvey’s theory of freedom depends on freedom’s instrumental quality. Freedom is the mechanism that protects a citizen’s abilities to lead a good life and to act for moral purposes. Professor Garvey asserts that lawmakers must first evaluate the morality of an act before they decide whether it deserves protection. When an act does not serve a moral …