Law Commons^™

The Separation Of Law And Morals, Noel Reynolds

Noel B Reynolds

The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.

Morality And The Rule Of Law, Noel Reynolds

Noel B Reynolds

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.

Private International Law As A Means To Control The Multinational Enterprise, Dimitris Tzouganatos

Vanderbilt Journal of Transnational Law

This Article explores the different approaches taken by the academic and judicial communities of Germany and the United States in their respective attempts to derive the optimal legal policy to deal with the multinational enterprise phenomenon. It attempts to assess the success of the Private International Law method as applied in most European countries by examining whether its criteria are operational and a reflection of economic reality. The Article also analyzes whether application of such criteria ensures the enforcement of the policies of the forum. It concludes by questioning whether the Private International Law approach is a viable alternative to …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

THE WORLD OF SCIENCE AND THE RULE OF LAW

By John Ziman, Paul Sieghart, and John Humphrey

New York: Oxford University Press, 1986. Pp. viii, 343. $37.00

================

ESSAYS ON INTERNATIONAL LAW

By Stuart S. Malawer

Buffalo: William S. Hein & Co., 1986. Pp. ix, 201. $35.00

=============

THE IMF IN A CHANGING WORLD, 1945-85

By Margarett Garritsen deVries

Washington: International Monetary Fund, 1986. Pp. x,226

============

SOVIET LAW AND SOVIET REALITY

By Olimpiad S. Ioffe

Dordrecht: Martinus Nijohoff Publishers, 1985. Pp. vi, 234

=============

SWITZERLAND'S ROLE AS AN INTERNATIONAL FINANCIAL CENTER

By Benedicte Vibe Christensen

Washington: International …

Substantive Policies And Choice Of Law, Willis L. M. Reese

Touro Law Review

No abstract provided.

The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons

Faculty Scholarship

Our discussions yesterday seemed haunted by a contrast--never quite formulated--between Natural Law and Legal Positivism. The standard interpretation turns on the idea of a "necessary connection" between law and morality. Positivism has often been understood to hold, and Natural Law to deny, that there can be unjust laws.

The Role Of Strategic Reasoning In Constitutional Interpretation: In Defense Of The Pathological Perspective Comments, Vincent A. Blasi

Faculty Scholarship

I am indebted to Professor Christie, not only for noticing my work but also for challenging it in so forthright a manner. He has identified a feature of my thesis that deserves to be a focal point for additional debate. Any reader of my original article who was undecided whether to agree with it ought to be aided considerably in the task of critical evaluation by the exchange Professor Christie has initiated. I know my own understanding of the premises and implications of my thesis has been enhanced by the experience of working out a response to his challenge.

The …