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Full-Text Articles in Law
Positivism In The Historiography Of The Common Law, David K. Millon
Positivism In The Historiography Of The Common Law, David K. Millon
Scholarly Articles
A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view.
Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
Publications
No abstract provided.
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Publications
No abstract provided.
Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes
Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes
Journal Articles
When students of legal history think of church courts, they may conjure up thoughts of some odd and obsolete tribunal about which Dickens wrote, while students of popular history may think of the people who burned Joan of Arc. In contrast, when Roman Catholics think of Church courts, they may think of tribunals which do no more than grant marriage annulments, while American Protestants may think of nothing at all. Church courts encompass the whole range of institutions used by different churches, including Jewish communities, for authoritative intervention into affairs of individual church members. Institutions of this kind have had …
Water Marketing In Wyoming, Mark Squillace
A Critical Look At Wyoming Water Law, Mark Squillace
A Critical Look At Wyoming Water Law, Mark Squillace
Publications
No abstract provided.