Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Originalism (2)
- Pragmatism (2)
- Aleinikoff (T. Alexander) (1)
- CLS (1)
- Coase Theorem (1)
-
- Cognitive frameworks (1)
- Constitutional interpretation (1)
- Contemporary legal thought (1)
- Critical Legal Studies (1)
- Critique (1)
- Dworkin (Ronald) (1)
- Jurisprudence (1)
- Law's Empire (1)
- Legal liberalism (1)
- Legal realism (1)
- Mark Kelman (1)
- Modernism (1)
- Nihilism (1)
- Postmodernism (1)
- Prerationalism (1)
- Present-oriented interpretation (1)
- Rationalism (1)
- Ronald Dworkin (1)
- Stanley Fish (1)
- Textual analysis (1)
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Legal Writing and Research
Law Without Mind, Steven D. Smith
Law Without Mind, Steven D. Smith
Michigan Law Review
A large part of the work done by lawyers and judges involves the interpretation of enacted law - primarily, statutes and the Constitution. Not surprisingly, legal scholars offer a good deal of advice, usually unsolicited, about how the task of interpretation should be performed. At present, such scholarly advice commonly recommends variations on an approach that may be called "present-oriented interpretation." This approach discourages judges from equating a law with its historical meaning or "original understanding." Instead, it urges them to construe statutes and constitutional provisions in a way that will render the law "the best it can be" in …
A Critical Legal Studies Perspective On Contract Law And Practice, Girardeau A. Spann
A Critical Legal Studies Perspective On Contract Law And Practice, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The critical legal studies movement is often viewed as highly theoretical, characterized by impenetrable scholarship that makes frequent reference to the work of"famous dead Europeans." Indeed, the theoretical detachment of critical legal studies from real-world concerns has led some to speculate that the methodologies of the movement are so abstract and stylized that they could be used to deny the validity of distinctions that we commonly rely upon in everyday life-even something as basic as the distinction between up and down. Given the level of abstraction at which most critical legal studies analysis occurs, one might wonder why a critical …
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Publications
No abstract provided.