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Full-Text Articles in Law
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Faculty Articles
In the years since Perri Victor's divorce has been finalized, she has tried to move on with her life. She is raising a young daughter from that marriage and finishing up law school. Perri and Warren Victor were married in an Orthodox Jewish ceremony in Florida in 1976. They received a civil divorce in 1990. However, as an Observant Jew, Perri cannot remarry until Warren gives her a Jewish religious divorce known as a get. Since late 1987, she has been pleading with Warren to give her a get. When Warren asked her to give up a portion of her …
Imperatives, Normativity, And The Law, Gregory Silverman
Imperatives, Normativity, And The Law, Gregory Silverman
Faculty Articles
In this article Professor Silverman sets out to resolve the problem of legal normativity. Professor Silverman argues that legal scholars have been prevented from transcending the limited conception of law engendered by a key dogma of nineteenth century jurisprudence: the dogma that laws are a species of commands, orders, or imperatives. As a result, even as we enter the twenty-first century, legal scholars have yet to articulate a legal architectonic that properly situates the normative commitments of a society within a post-modern legal system. An adequate theory of law must offer an account of the normativity of law: an account …