Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 31 - 36 of 36
Full-Text Articles in Law
Beyond Criticism, Guyora Binder
Beyond Criticism, Guyora Binder
Journal Articles
During the 1980’s, Critical Legal Studies was frequently criticized for offering no policy prescriptions. This essay explained critical scholars’ reluctance to propose policy as a reflection of their epistemological and political critiques of instrumentalist policy analysis. Because critical scholars saw both causal relationships and interests as highly contingent on normative assumptions, they were skeptical of claims that well-intentioned law reforms would benefit the interests of the poor and the powerless. Valuing democratic participation, critical legal scholars were also reluctant to define the interests of the powerless for them. The essay proceeded to argue that critical legal scholars should see instrumentalism …
On Critical Legal Studies As Guerilla Warfare, Guyora Binder
On Critical Legal Studies As Guerilla Warfare, Guyora Binder
Journal Articles
This sardonic 1987 essay defended Critical Legal Studies (CLS) against alarmist attacks from the right, claiming that CLS was dangerously subversive of the rule of law, and seemingly contradictory attacks from the left dismissing CLS as empty theorizing lacking any practical implications for reform. The essay responded that while CLS lacked proposals for legislative reform, it favored a highly participatory process of reform, drawn from experience in the student movements of the 1960’s. It distrusted state power and bureaucracy as engines of change, and favored community organization, civil society, and popular mobilization.
On Reason And Authority In Law's Empire, John M. Finnis
On Reason And Authority In Law's Empire, John M. Finnis
Journal Articles
Law's Empire will shape jurisprudence by its admirably resourceful attention to understanding a community's law "internally". It promotes reflective understanding of the practical argumentation constitutive of the attitude(s) in which that law subsists. But the book neglects some of practical understanding's resources of political and moral theory, and overestimates practical reasoning's power to identify options as the best and the right)
Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown
Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown
Journal Articles
Brown is the founder and foremost exponent of preventive law jurisprudence. Shaffer has dwelt in recent books and essays on the parallels between humanistic psychology and the fife of lawyers. In this dialogue they focus their somewhat diverse insights on law as living; on their agreement that lawyer-client decisions are law in any functional sense of the word; and on the premise that an explicable jurisprudence is implicit in the process of law office decision making.
Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers
Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers
Journal Articles
The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …
Developments In Judicial Jurisprudence, John M. Finnis
Developments In Judicial Jurisprudence, John M. Finnis
Journal Articles
The purpose of this Comment is to explore briefly the fundamentals of what Prof. H. L. A. Hart has called "the contribution offered by the judges to the jurisprudence of our day", and to indicate in outline the disparity between this contribution and those of the most recent academic writings.