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Articles 1 - 13 of 13
Full-Text Articles in Law
Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers
Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers
Cornell Law Faculty Publications
The late Lon L. Fuller played an influential role in the development of American jurisprudence, but his views have not always prevailed. In this tribute to the memory of Professor Fuller, Professor Summers outlines the major tenets of what he perceives to be our dominant philosophy of law – “pragmatic instrumentalism” – by way of contrasting that philosophy with the views of Professor Fuller. Professor Summers concludes that these two philosophies differ in many important respects and that our dominant philosophy of law should accommodate, and may indeed already be in the process of accommodating, the thought of Professor Fuller.
Reflections On A Unified Theory Of Motive, Theodore Eisenberg
Reflections On A Unified Theory Of Motive, Theodore Eisenberg
Cornell Law Faculty Publications
No abstract provided.
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Articles
A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …
Irvin C. Rutter, Gordon A. Christenson
Irvin C. Rutter, Gordon A. Christenson
Faculty Articles and Other Publications
Tribute to legal scholar, Irvin Rutter.
Remarks On Probability In Law: Mostly, A Casenote And A Book Review, Robert Birmingham
Remarks On Probability In Law: Mostly, A Casenote And A Book Review, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Toward Freedom From Value, Richard Stith
Toward Freedom From Value, Richard Stith
Law Faculty Publications
No abstract provided.
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 …
Prior Consistent Statements, Arthur H. Travers Jr.
The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen
The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen
Other Publications
No abstract provided.
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Articles by Maurer Faculty
The adoption of a new principle of law invariably impinges upon related legal concepts, raising issue that were not considered when the law was changed. The adoption of comparative negligence, a drastic departure from the long-held principle of contributory negligence, has forced courts to consider how the related concept of assumption of risk is affected by the change. Because there are different types of assumption of risk, and various doctrinal, practical, and policy issues, a proper determination of the role for assumption of risk in a comparative negligence system depends upon a thorough examination of many relevant considerations. Unfortunately, two …
On Teaching Natural Law, David F. Forte
On Teaching Natural Law, David F. Forte
Law Faculty Articles and Essays
With the materials at hand which this appendix has listed, an instructor can better sort and choose from all categories, so as to concentrate more effectively, on those aspects of natural law legal theory and practice which he deems valuable for his students.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Truthfulness And Tragedy (Book Review), Thomas L. Shaffer
Truthfulness And Tragedy (Book Review), Thomas L. Shaffer
Journal Articles
This is the third book in which Professor Stanley Hauerwas has developed his "story" approach to Christian ethics. It is a collection of essays, almost all of which appeared in periodicals, written while he was developing his theory more systematically in Vision and Virtue (1974), and in Character and the Christian Life (1975). One of the chapters here, on suicide and euthanasia, was written with Dr. Richard Bondi; two others, on story theology and on Albert Speer's Inside the Third Reich, were written with Father David B. Burrell. The essays are arranged so that they explain and defend Hauerwas' thought …