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Full-Text Articles in Law
Does Counterfactual History Have Any Lessons For Law Teachers And Lawyers? Does It Have Any Value For You, In Particular, In Your Area Of Research Or Teaching?, Arthur R. Landever
Does Counterfactual History Have Any Lessons For Law Teachers And Lawyers? Does It Have Any Value For You, In Particular, In Your Area Of Research Or Teaching?, Arthur R. Landever
Law Faculty Presentations and Testimony
A counterfactual is speculating on the consequences if particular events had not happened as they did. For example, suppose the British had won the American Revolutionary War. What would have been the British policy in North America? As law teachers, lawyers, and perhaps policy makers, counterfactual history has much value for us. Its value, however, clearly depends upon the care we take in choosing a plausible counterfactual assertion, the degree of its breadth or, alternatively, its limited nature, and how we make use of the counterfactual.
Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer
Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer
Law Faculty Articles and Essays
Our topic is whether law schools should remain institutionally neutral, presumably concerning the fundamental political and moral issues that besiege our society. The answer depends on several competing considerations, including one's concept of the university as either ivory tower or critical force obligated to serve the society that sustains it. I opt in the direction of the university as social force while also accepting the validity of the passive mode and seeing the dispassionate search for knowledge as a means to serve important human needs. The abstract formulation of the university as institutionally neutral is in many ways illusory because …