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Full-Text Articles in Law
Reconsidering Procedural Conformity Statutes, Thomas O. Main
Reconsidering Procedural Conformity Statutes, Thomas O. Main
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No abstract provided.
Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii
Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii
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As a student of Hans-Georg Gadamer, and later a translator and important commentator on Gadamer’s philosophy, P. Christopher Smith is widely acknowledged to be a leading hermeneutical philosopher. In a series of works, Smith has argued that Gadamer provides an important corrective to Nietzsche’s caustic critical challenges, but that Gadamer’s hermeneutics has no relevance for legal theory because law is just the manifestation of will to power. In this paper I argue that Smith misunderstands the nature of legal practice. Starting with a re-reading of the debate between Gadamer and Jacques Derrida about the legacy of Nietzsche’s philosophy, I argue …
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
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This brief essay offers a selective overview of recent trends in the historical scholarship on American childhood from the origins of the American Revolution to the early years of the Cold War. This overview of the literature has two purposes. First, it highlights recent socio-cultural scholarship that presents substantive challenges to the conventional ways of understanding the history of children and the law. Second, in so doing, it points out that legal histories concerned solely with doctrinal matters can, and often do, present a limited and distorted window into the past. Instead, the essay argues that the place of children, …