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Articles 2011 - 2037 of 2037
Full-Text Articles in Law
Hare's Theory Of Rational Assent, Robert Lipkin
Hare's Theory Of Rational Assent, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz
The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins
Ira P. Robbins
Universalizability And Prescriptivity In Practical Reasoning, Robert Justin Lipkin
Universalizability And Prescriptivity In Practical Reasoning, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers
An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers
Indiana Law Journal
No abstract provided.
A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock
A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock
Indiana Law Journal
No abstract provided.
The Legal Imagination And Language: A Philosophical Criticism, Thomas D. Eisele
The Legal Imagination And Language: A Philosophical Criticism, Thomas D. Eisele
Faculty Articles and Other Publications
James B. White's The Lega/lmagination: Studies in the Nature of Legal Thought and Expression takes upon itself an immense task, namely, investigating and characterizing the position of lawyers and the legal mind in today's world. Not surprisingly, the characterization and criticism of such a book is no less difficult a task or responsibility than that undertaken by the book. In fact, the characterization and criticism of the book and the characterization and criticism in the book-both being acts of criticism-require the same attitude: constant fidelity to the data with which one has to work. In
describing and assessing the book, …
Experimenting On Human Subjects: Philosophical Perspectives, Ruth Macklin, Susan Sherwin
Experimenting On Human Subjects: Philosophical Perspectives, Ruth Macklin, Susan Sherwin
Case Western Reserve Law Review
No abstract provided.
Revolution-A Spiritual Phenomenon: A Study In The History Of Ideas, Henry E. Strakosch
Revolution-A Spiritual Phenomenon: A Study In The History Of Ideas, Henry E. Strakosch
Syracuse Journal of International Law and Commerce
The irrational and utopian note of the revolution remained constant through its long and eventful history. I will try to show that the idea of modern revolution is not simply an attack on an established authority, but a phenomenon sui generis, i.e., an attack on order as such, based on an identifiable metaphysical position. The present article may be regarded as an attempt to contribute through an uncovering of the spiritual roots of the revolution, to an understanding upon which depends the survival of personal values in the social order, at a time when that order seems threatened from without …
The Dilemma Of The Disobedient: A Solution, John H. Boisblanc
The Dilemma Of The Disobedient: A Solution, John H. Boisblanc
Indiana Law Journal
No abstract provided.
What The Philosopher May Learn From The Study Of Law, Ch. Perelman
What The Philosopher May Learn From The Study Of Law, Ch. Perelman
Natural Law Forum
No abstract provided.
Reason And Action, Charles Fried
Justice And Justification, Ch. Perelman
The Importance Of Being: Some Reflections On Existentialism In Relation To Law, Anthony R. Blackshield
The Importance Of Being: Some Reflections On Existentialism In Relation To Law, Anthony R. Blackshield
Natural Law Forum
No abstract provided.
First Principle Of Practical Reason: A Commentary On The Summa Theologiae, 1-2, Question 94, Article 2, The;Note, Germain G. Grisez
First Principle Of Practical Reason: A Commentary On The Summa Theologiae, 1-2, Question 94, Article 2, The;Note, Germain G. Grisez
Natural Law Forum
No abstract provided.
Psychological Materials In The Legal Philosophy Of Jerome Frank, Julius Paul
Psychological Materials In The Legal Philosophy Of Jerome Frank, Julius Paul
South Carolina Law Review
No abstract provided.
Jerome Frank's Contributions To The Philosophy Of American Legal Realism, Julius Paul
Jerome Frank's Contributions To The Philosophy Of American Legal Realism, Julius Paul
Vanderbilt Law Review
Justice Holmes' famous statement that "the life of the law has not been logic: it has been experience' has had a profound effect on contemporary American jurisprudence. Holmes' monumental influence, together with the impact of positivism, American pragmatism,and more recently, psychoanalysis, have all played important roles in shaping the development of the school of American legal realism.
One of the most controversial and provocative members of this school was Jerome Frank, who was not only a prolific writer on matters legal, but also an eminent corporation lawyer, a government counsel, an administrator (a Commissioner and later Chairman of the Securities …
Xiii. Political Liberalism And Nationalism, 1815-1871, Robert L. Bloom, Basil L. Crapster, Harold A. Dunkelberger, Charles H. Glatfelter, Richard T. Mara, Norman E. Richardson, W. Richard Schubart
Xiii. Political Liberalism And Nationalism, 1815-1871, Robert L. Bloom, Basil L. Crapster, Harold A. Dunkelberger, Charles H. Glatfelter, Richard T. Mara, Norman E. Richardson, W. Richard Schubart
Section XIII: Political Liberalism and Nationalism, 1815-1871
The first half of the nineteenth century saw the emergence of two secular faiths which became key features of Western thought: political liberalism and nationalism- Their tenets were not wTiblly ne^ As~early as the lourteenth century when medieval feudalism was giving way to the rising national state, Marsiglio of Padua (c. 1275 - c, 1343) had announced that political authority was properly lodged in the people. The seventeenth century had produced in John Locke (1632-1704) a man whose ideas on government later became a wellspring for political liberalism. The same era also found nationalism accentuated by colonial rivalries and mercantilist …
Book Review. Cairns, H., Legal Philosophy From Plato To Hegel, Jerome Hall
Book Review. Cairns, H., Legal Philosophy From Plato To Hegel, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Individualization Of Justice, Roscoe Pound
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Michigan Law Review
Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …
German Legal Philosophy, John M. Zane
German Legal Philosophy, John M. Zane
Michigan Law Review
Annexed as an appendix to the translation of Kohler's Philosophy of Law is an appreciation of the work by Adolf Lasson, 1 who complains that he himself once wrote a philosophy of law which has sunk into oblivion, probably for the reason, as he modestly suggests, that he knew so much of systematic philosophy that he had no time to acquire any "special scientific learning either in the law or any other special department of knowledge."2 This complaint is a confession, child-like and amusing in its vanity, which could be dismissed without comment, were it not something that is wholly …
New Law Of Nations, Joseph Kohler
New Law Of Nations, Joseph Kohler
Michigan Law Review
If the article upon the New Law of Nations had been written by an obscure man for a sensational periodical, it would not have been worthy of serious consideration. It appeared in September, 1915, however, in the ZEITSCHRIFT FUR V6LKERRECHT, generally reputed to be the leading periodical devoted to international law, published in the German language. Its author, Dr. JOsEF Ko.HLER, is generally conceded to be the most distinguished living German jurist. His PHILOSOPHY OF LAW was deemed worthy of translation into English and appeared as Volume 12 of the Modern Legal Philosophy Series.' Dean Roscog POUND has referred.to him …
Jurisprudence: A Formal Science, Joseph H. Drake
Jurisprudence: A Formal Science, Joseph H. Drake
Articles
Holland defines jurisprudence as "the formal science of positive law". The meaning of science is plain enough. A good many pages are devoted to the elucidation of the words "positive" and "law," but the term "formal" he explains only by analogy. As there is a formal science of grammar to which belongs, for example, the concept of possession, which has its material manifestation in Latin grammar in a genetive termination and in English grammar in the preposition "of," so there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal …
Review Of An Oration, Delivered Before The Two Societies Of The South-Carolina College, N. Beverley Tucker
Review Of An Oration, Delivered Before The Two Societies Of The South-Carolina College, N. Beverley Tucker
Faculty Publications
No abstract provided.