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Articles 1 - 9 of 9
Full-Text Articles in Law
Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag
Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag
Publications
No abstract provided.
Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams
The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams
All Faculty Scholarship
No abstract provided.
Jurisprudence And Gender, Robin West
Jurisprudence And Gender, Robin West
Georgetown Law Faculty Publications and Other Works
What is a human being? Legal theorists must, perforce, answer this question: jurisprudence, after all, is about human beings. The task has not proven to be divisive. In fact, virtually all modern American legal theorists, like most modern moral and political philosophers, either explicitly or implicitly embrace what I will call the "separation thesis" about what it means to be a human being: a "human being," whatever else he is, is physically separate from all other human beings. I am one human being and you are another, and that distinction between you and me is central to the meaning of …
Judicial Process As An Empirical Study: A Comment On Justice Brennan’S Essay, Charles M. Yablon
Judicial Process As An Empirical Study: A Comment On Justice Brennan’S Essay, Charles M. Yablon
Articles
No abstract provided.
Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine
Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine
Articles
No abstract provided.
Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg
Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg
Articles
No abstract provided.
Beyond Criticism, Guyora Binder
Beyond Criticism, Guyora Binder
Journal Articles
During the 1980’s, Critical Legal Studies was frequently criticized for offering no policy prescriptions. This essay explained critical scholars’ reluctance to propose policy as a reflection of their epistemological and political critiques of instrumentalist policy analysis. Because critical scholars saw both causal relationships and interests as highly contingent on normative assumptions, they were skeptical of claims that well-intentioned law reforms would benefit the interests of the poor and the powerless. Valuing democratic participation, critical legal scholars were also reluctant to define the interests of the powerless for them. The essay proceeded to argue that critical legal scholars should see instrumentalism …
Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper
Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper
Articles
Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.
On the one hand, I do not plan to present …