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Report Of The Dean 1971-1972, Thomas L. Shaffer Jan 1972

Report Of The Dean 1971-1972, Thomas L. Shaffer

Journal Articles

This is my first report to you as dean of the Notre Dame Law School. It seems to me important to begin it with an assessment of the decade that intervened between 1961, when I graduated from the Law School, and 1971, when Father Hesburgh appointed me to be dean. I assess, of course, a decade of law at Notre Dame during most of which (1963-71) I participated as a member of the faculty. I made this assessment, in approximately these terms, to Father Burtchaell and to our students in March, 1971; to our Advisory Council in April, 1971; and …


Some Professorial Fallacies About Rights, John M. Finnis Jan 1972

Some Professorial Fallacies About Rights, John M. Finnis

Journal Articles

Why do students usually get into a muddle when analysing legal situations in Hohfeldian terms? What is the use of trying to straighten out the muddles, and of teaching Hohfeldian analysis at all? The short answer to the first question is that Hohfeld was clear-headed in applying his scheme, but because of his writing style and his odd views about definition was regrettably gnomic about the meaning and inter-relations of the terms of that scheme. The short answer to the second question is that clear-headed familiarity with Hohfeld's scheme can bring with it an awareness of the questions regularly begged …