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Full-Text Articles in Law
Ethical Theory And Legal Philosophy, Stanley D. Rose
Ethical Theory And Legal Philosophy, Stanley D. Rose
Vanderbilt Law Review
Jurisprudence and ethics, the author believes, represent distinct efforts to achieve values in society. However, because of their similar method, bases in fact, and testing by consequences, each has something to give the other. With this in mind, the article examines the work of contemporary writers in ethics, both to determine what exactly are their positions and to see what they might offer the student of jurisprudence.
Gustav Radbruch, Wolfgang Friedmann
Gustav Radbruch, Wolfgang Friedmann
Vanderbilt Law Review
As recently as the end of the last World War the name and work of Gustav Radbruch were virtually unknown in the Anglo-American legal world. In 1938 Roscoe Pound, in his encyclopedic survey, "Fifty Years of Jurisprudence," had given a concise account of Radbruch's legal philosophy in the context of his section on "neo-idealism." In 1944 Anton Hermann Chroust wrote a penetrating analysis of Radbruch's philosophy of law, and about the same time the first edition of the present writer's Legal Theory, published on the other side of the Atlantic, included Gustav Radbruch in the survey of major legal philosophers. …
Studies In Legal Philosophy, William R. Anderson
Studies In Legal Philosophy, William R. Anderson
Vanderbilt Law Review
The hazards of planning a symposium in the field of jurisprudence derive largely from the fact that the field is itself ill-defined; the legitimate "province of jurisprudence," to use Austin's phrase, has never been fully agreed upon. A historical approach seemed reasonably satisfactory, however, and what follows is a series of studies of some of the great figures in the history of legal philosophy. Happily, no one of our contributors was satisfied with simple exegesis or even with appraising matters of purely historical importance. Each study is an attempt to deal critically with a facet of its subject which is …
A Note On Samuel Pufendorf, Anton-Hermann Chroust
A Note On Samuel Pufendorf, Anton-Hermann Chroust
Vanderbilt Law Review
The work of Samuel Pufendorf was certainly the outstanding influence on continental legal philosophy during the second half of the seventeenth and throughout the eighteenth centuries. From his work comes the supposedly authoritative notion that scientific natural law and, hence, true legal philosophy as such, began with Hugo Grotius. What he actually meant to say was that Hugo Grotius had secularized the natural law, that is, he had divorced it from moral theology and put it on a non-theological--and, we may surmise--on a non-ethical basis.