Law Commons^™

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 by …

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 …