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Series

1994

Legal History

Institution
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Articles 1 - 30 of 49

Full-Text Articles in Law

On War And Justice, Jeffrey C. Tuomala Oct 1994

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette Jun 1994

Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette

Boston College Law School Faculty Papers

Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.


Review Of Notaries Public In England Since The Reformation, William Hamilton Bryson Jan 1994

Review Of Notaries Public In England Since The Reformation, William Hamilton Bryson

Law Faculty Publications

A book review on Notaries Public in England Since the Reformation by Christopher W. Brooks, Richard H. Helmholz, and Peter G. Stein.


Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon Jan 1994

Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon

Scholarly Articles

None available.


Democracy's Incursion Into The Eastern Shore: The 1870 Election In Chestertown, C. Christopher Brown Jan 1994

Democracy's Incursion Into The Eastern Shore: The 1870 Election In Chestertown, C. Christopher Brown

Faculty Scholarship

No abstract provided.


Law And Philosophy, Philosophy And Law, Francis J. Mootz Iii Jan 1994

Law And Philosophy, Philosophy And Law, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


The Paranoid Style In Contemporary Legal Scholarship, Francis J. Mootz Iii Jan 1994

The Paranoid Style In Contemporary Legal Scholarship, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr. Jan 1994

Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.

Faculty Publications - Department of Philosophy

It is quite clear that a positive law must have some motivation connected with it, as specified in a penalty, at least a criminal law must, as opposed to a law appropriating funds or a law authorizing persons to make use of certain legal possibilities, such as a will, a limited liability corporation, or marriage. Some ten years ago Nebraska's state legislature passed a law requiring the wearing of a motorcycle helmet while riding a motorcycle on the state's roads, and the Governor signed it into law. Only some time after this process had been completed was the ...


Practicing Poetry, Teaching Law, David A. Skeel Jr. Jan 1994

Practicing Poetry, Teaching Law, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Voice In Government: The People, Emily Calhoun Jan 1994

Voice In Government: The People, Emily Calhoun

Articles

No abstract provided.


The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas Jan 1994

The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas

Faculty Publications

No abstract provided.


Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker Jan 1994

Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker

Articles

No abstract provided.


A Guide To American Legal History Methodology With An Example Of Research In Progress, Jenni Parrish Jan 1994

A Guide To American Legal History Methodology With An Example Of Research In Progress, Jenni Parrish

Faculty Scholarship

No abstract provided.


It's Worth Remembering, John W. Reed Jan 1994

It's Worth Remembering, John W. Reed

Other Publications

A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Articles

No abstract provided.


The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch Jan 1994

The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


The Seigneurs Descend To The Rank Of Creditors: The Abolition Of Respect, James Q. Whitman Jan 1994

The Seigneurs Descend To The Rank Of Creditors: The Abolition Of Respect, James Q. Whitman

Faculty Scholarship Series

On the great night of August 4, 1789, the French National Assembly proclaimed the abolition of feudalism. This momentous revolutionary proclamation was not, however, self-executing: in the days that followed, it became clear that there was no definitive agreement about what "feudalism" was. After a week of uncertain debate, the gentlemen of the Assembly had not produced fully detailed abolition legislation. Politics having failed, the decision was made to tum the problem over to lawyers; on August 12, the Assembly constituted a Committee, made up principally of lawyers, and charged with the task of defining "feudalism." So it was that ...


Review Of Political Discourse In Early Modern Britain, Donald J. Herzog Jan 1994

Review Of Political Discourse In Early Modern Britain, Donald J. Herzog

Reviews

This is a festschrift for the indefatigable J. G. A. Pocock (indefatigable indeed: the volume closes with a daunting nine-page bibliography of Pococks work to date, a veritable flood of erudition that shows no signs of ebbing). The essays are better than what usually end up stuck in such volumes: better as a simple matter of scholarly quality, but better too as exemplary models of what is distinctive in Pocock's approach. I suppose that at this price, no one will consider asking impoverished graduate students to purchase the volume. But there are always reserve desks, not to mention xerox ...


The Descent Of Political Theory And The Limitations Of Legal Tolerance, Charles W. Collier Jan 1994

The Descent Of Political Theory And The Limitations Of Legal Tolerance, Charles W. Collier

UF Law Faculty Publications

No abstract provided.


A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel Jan 1994

A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel

UF Law Faculty Publications

This Article contends that strict adherence to optimistic rationalism has blinded evidence scholars to the reality that the law of evidence is as indeterminate as all other areas of the law. At its core is not a single goal -- the attainment of truth -- but a number of important, complex, and, alas, competing considerations. Answers to questions concerning the appropriate configuration of evidence doctrine cannot be deduced from a unitary principle; indeed, they cannot be deduced at all. Rather, arguments about evidence doctrine must be conducted in the realm of "practical reason." Practical reason is the process through which individuals argue ...


Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber Jan 1994

Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber

All Faculty Scholarship

No abstract provided.


On A New Theory Of Justice, William Ewald Jan 1994

On A New Theory Of Justice, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya Jan 1994

The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya

Articles

No abstract provided.


The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp Jan 1994

The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we ...


The New Legal Hermeneutics, Francis J. Mootz Iii Jan 1994

The New Legal Hermeneutics, Francis J. Mootz Iii

Scholarly Works

Gregory Leyh has edited a volume of essays commissioned “to examine the intersections between contemporary legal theory and the foundations of interpretation” as explored in contemporary hermeneutics. The essays are diverse and multidisciplinary, but each sheds light on perplexing issues of legal interpretation that have exhausted commentators in recent years. The contributors share a broad agreement that we must reject the picture of law as an autonomous, insulated discourse and instead must regard legal discourse as one of many interrelated practices rooted in our character as interpretive beings.

Each contributor addressees the central concerns defined by the leading philosopher of ...


Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles Jan 1994

Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles

Cornell Law Faculty Publications

This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques ...


By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins Jan 1994

By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins

Faculty Scholarship

Both the Supreme Court's jurisprudence of gender and feminist legal theory have generally assumed that some identifiable and describable category of woman exists prior to the construction of legal categories. For the Court, this woman-whose characteristics admittedly have changed over time-serves as the standard against which gendered legal classifications are measured. For feminism, her existence has served a different but equally important purpose as the subject for whom political goals are pursued. To the extent that the definitions of the category diverge, the differences among definitions are played out in feminist critiques of the Court's gender jurisprudence, and ...


Ancient Law And Modern Eyes, David Snyder Jan 1994

Ancient Law And Modern Eyes, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel Jan 1994

Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Importance Of 'Nutshells', Alan Watson Jan 1994

The Importance Of 'Nutshells', Alan Watson

Scholarly Works

In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest ...