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Jurisprudence As Narrative: An Aesthetic Analysis Of Modern Legal Theory, Robin West

Georgetown Law Faculty Publications and Other Works

Recent legal scholarship has engaged in a growing dialogue tying literary criticism to jurisprudence. In this article, Professor Robin West adds her voice by advocating the reading of legal theory as a form of narrative. Drawing from Northrop Frye's “Anatomy of Criticism,” Professor West first details four literary myths that combine contrasting world visions and narrative methods. She then applies Frye's categories to Anglo-American jurisprudential traditions and employs aesthetic principles to analyze influential legal theorists within these traditions. Finally, Professor West argues that recognizing the aesthetic dimension of legal debate frees us to realize our moral ideals.

Authority, Autonomy, And Choice: The Role Of Consent In The Moral And Political Visions Of Franz Kafka And Richard Posner, Robin West

Georgetown Law Faculty Publications and Other Works

In "The Ethical and Political Basis of Wealth Maximization" and two related articles, Professor (now Judge) Richard Posner argues that widely shared pro-autonomy moral values are furthered by wealth-maximizing market transfers, judicial decisions, and legal institutions advocated by members of the "law and economics" school of legal theory. Such transactions, decisions, and institutions are morally attractive, Posner argues, because they support autonomy; wealth-maximizing transfers are those to which all affected parties have given their consent. This Article argues that Posner's attempt to defend wealth-maximization on principles of consent rests on a simplistic and false psychological theory of human motivation. Posner's …

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.

Western Water Law In Transition, Charles F. Wilkinson

Publications

No abstract provided.

Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins

Publications

No abstract provided.

Introduction, John Makdisi

Cleveland State Law Review

No abstract provided.

The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi

Cleveland State Law Review

Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. Its schools, the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features …

Formal Rationality In Islamic Law And The Common Law, John Makdisi

Cleveland State Law Review

Rationality in a legal system suggests a consistent set of legal propositions as well as methods for modifying, limiting, and expanding the laws which are governed by some type of logical apparatus. It is a desirable characteristic because it furthers one of the primary ends of a legal system: It facilitates social interaction by enabling members of society to calculate the consequences of their conduct. It is not an easy concept to define, however. Rationality may take different forms, more or less formal, more or less innovative. These different forms shall be examined to determine the type of rationality which …

The Opinion Volume 25 Number 7 – December 3, 1984, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 3, 1984

The Opinion Volume 25 Number 6 – November 13, 1984, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 13, 1984

The Opinion Volume 25 Number 6 – November 7, 1984, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 7, 1984. Onion spoof issue vol. 69 no. 69.

Origins Of The Common Law ( A Three-Part Series) Part I: The Disappearance Of Roman Law From Dark Age Britain, David A. Thomas

BYU Law Review

No abstract provided.

Ambivalent Legacy: A Legal History Of The South, Herbert A. Johnson

Vanderbilt Law Review

This volume of essays generated by a February 1983 conference at the University of Southern Mississippi represents a major step in the advancement of the legal history of the South.' Not only does the collection raise challenging questions concerning the history of law in the South, but it also presents outstanding examples of what can be accomplished when legal historians turn their attention to this region and the states that comprise it. Covering abroad geographical and topical range in individualistic fashion, the essays are, for the most part, well researched and written with clarity and style. This Review will address …

The Future Of The Common Law Tradition, Alan Watson

Scholarly Works

What, then, can one say about the common law tradition as it will develop in the relatively near future? In terms of the future development of the common law systems, three facts seem certain and decisive. In the first place, there has been, as a matter of observable fact, a great shift in the balance of lawmaking in the common law world from judicial precedent to legislation, which together comprise the two main sources of law. In the second place, there is a deep awareness in the common law countries of a crisis in lawmaking, an awareness that is probably …

The Opinion Volume 25 Number 5 – October 23, 1984, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 23, 1984

The Opinion Volume 25 Number 4 – October 9, 1984, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 9, 1984

Volume 7, Issue 2 (Fall 1984)

Transcript

No abstract provided.

On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C.

Dalhousie Law Journal

The subject of the present inquiry, is to point out the origin and sources of the laws in force in Nova Scotia, in other words, the rules by which we are to be guided in ascertaining what portions of the English Common and Statute Law, and decisions of the British courts, are to be held obligatory in the tribunals of justice in this province. Blackstone informs us, that in conquered and ceded countries that have already laws of their own, the King may alter and change those laws; but until he does actually change them, the ancient laws of the …

An Historical Review Of Nova Scotia Legal Literature: A Select Bibliography, Shirley B. Elliott

Dalhousie Law Journal

Expressed in simplest terms Nova Scotia law, generally speaking, is an amalgamation of English common law, English statute law and the provincial statutes which evolved following the convening of the first representative government at Halifax on October 2, 1758. From the capture of Port Royal in 1710 (which by the Treaty of Utrecht in 1713 guaranteed Acadia to the British), to the establishment of an elected assembly 48 years later, law and order were maintained at first by military law and, following the appointment of Richard Philipps as governor at Annapolis Royal, by the issue of royal instructions dated June …

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …

The Opinion Volume 25 Number 3 – September 25, 1984, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 25, 1984

The Opinion Volume 25 Number 2 – September 17, 1984, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 17, 1984

Doug Munro's Review Of Amirah Inglis's Karo: The Life And Fate Of A Papuan, Doug Munro

Pacific Studies

No abstract provided.

Philosophical Hermeneutics: Toward An Alternative View Of Adjudication, James J. Hamula

BYU Law Review

No abstract provided.

Maine's Ancient Law And Legal Theory, Stephen Utz

Faculty Articles and Papers

No abstract provided.

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.

Directions For The Future, Clyde O. Martz

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.

Includes the Public Land Law Review Commission's 1970 report, A Program for the Future (7 pages).

Private Use Of The Public Lands – What Is The Appropriate “Fair Market Value”?, Richard L. Stroup

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

44 pages.

Contains a 4-page outline; one page of references (page 6); and 37 pages of appendices arranged in 11 topical areas.

Access To And Across Public Lands, Rebecca Love Kourlis

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

16 pages.

Contains list of references (page 1 of text).