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Full-Text Articles in Law
Tort Liability In France For The Act Of Things: A Study Of Judicial Lawmaking, Edward A. Tomlinson
Tort Liability In France For The Act Of Things: A Study Of Judicial Lawmaking, Edward A. Tomlinson
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No abstract provided.
Mistake In The Model Penal Code: A False False Problem, George P. Fletcher
Mistake In The Model Penal Code: A False False Problem, George P. Fletcher
Faculty Scholarship
No solution seems more gratifying to the modern theorist than to claim that an apparently serious problem is not really a problem at all. By branding nonfalsifiable propositions as nonsense, the Vienna circle of logical positivists discovered that the metaphysical concerns of others were really false problems. By ridding philosophy of false problems, Wittgenstein thought that he could let the fly escape from the bottle; he could release the philosophical spirit from its confounding constraints. Brainerd Currie brought this method to the law with his justly famous theory of false conflicts in the conflicts of laws. There was no need …
The Rule Of Recognition And The Constitution, Kent Greenawalt
The Rule Of Recognition And The Constitution, Kent Greenawalt
Faculty Scholarship
This essay is about ultimate standards of law in the United States. Not surprisingly, our federal Constitution figures prominently in any account of our ultimate standards of law, and a discussion of its place is an apt jurisprudential endeavor for the bicentennial of the constitutional convention. Although in passing I offer some comments on constitutional principles, this essay is not about how the Constitution, or indeed other legal materials, should be understood and interpreted. Rather, it attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of law.