Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Legal History

On The Historical School Of Jurisprudence, Robert E. Rodes Nov 2013

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 Nov 2013

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 Nov 2013

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 Nov 2013

Response To Hittinger, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


The Case For "Higher Law", John Warwick Montgomery Feb 2013

The Case For "Higher Law", John Warwick Montgomery

Pepperdine Law Review

No abstract provided.


How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young Jan 2013

How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young

Faculty Scholarship

No abstract provided.