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Articles 1 - 15 of 15
Full-Text Articles in Law
The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith
The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith
Law Faculty Publications
No abstract provided.
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Journal Articles
This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …
Impossible Comparisons And Rational Choice Theory, Richard Warner
Impossible Comparisons And Rational Choice Theory, Richard Warner
All Faculty Scholarship
No abstract provided.
Excluding Reasons: Impossible Comparisons And The Law, Richard Warner
Excluding Reasons: Impossible Comparisons And The Law, Richard Warner
All Faculty Scholarship
No abstract provided.
Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky
Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky
Faculty Publications
This Article probes the philosophical and psychological attractions of formalism and suggests that its promise of stability and order may be essential to the effective functioning of the legal system, even if the promise can never be realized.
Anti-Intellectualism, Pierre Schlag
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich
Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich
Articles
No abstract provided.
The Legality Of Humanitarian Intervention, Malvina Halberstam
The Legality Of Humanitarian Intervention, Malvina Halberstam
Articles
No abstract provided.
Tripartite Voidable Preferences, David G. Carlson
Tripartite Voidable Preferences, David G. Carlson
Articles
This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …
Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers
Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy
International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy
Publications
No abstract provided.
Desperately Seeking Science, Francis J. Mootz Iii
Desperately Seeking Science, Francis J. Mootz Iii
Scholarly Works
In this commentary I offer a lawyer’s view of what law and linguistics interdisciplinary studies might mean for legal practice, as well as a legal theorist’s view of what importance they may hold for jurisprudence. I do not pretend to have more than cursory knowledge about linguistics, and so my remarks about what linguistics scholars might gain from an interdisciplinary exchange necessarily will be brief general.
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
UF Law Faculty Publications
Equality is, to be sure, an elusive concept. More often than not, we find it much easier to describe what is unequal (we know it when we see it) than affirmatively to explain equality. This definitional dilemma rises to new heights when courts, in exercising their interpretive legal functions, have to provide all persons the equal protection of the laws."
Over the course of American history and jurisprudence, the Supreme Court itself has a checkered past when it comes to judicial application of rights to equality. In the beginning, there was slavery - the quintessence of unequality - and the …
Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky
Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This Article explores common formalist themes, asking not whether formalism's aspirations are attainable but why formalists still struggle to attain them in the face of sustained attacks by anti-formalists. After briefly sketching the tenets of formalism in Section I, this Article turns to an examination of Summers' "post-realist formalism." Finally, this Article probes the philosophical and psychological attractions of formalism and suggests that formalism's promise of stability and order may be essential to the effective functioning of the legal system, even if this promise can never be realized.