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Articles 1 - 5 of 5
Full-Text Articles in Law
Reflections On The Philosophy Of Law, Parts I & Ii, Igor N. Grazin
Reflections On The Philosophy Of Law, Parts I & Ii, Igor N. Grazin
Notre Dame Law Review
No abstract provided.
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Notre Dame Law Review
No abstract provided.
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Notre Dame Law Review
No abstract provided.
Private Law In The Gaps, Jeffrey A. Pojanowski
Private Law In The Gaps, Jeffrey A. Pojanowski
Journal Articles
Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a regulatory …
What Is The Philosophy Of Law?, John Finnis
What Is The Philosophy Of Law?, John Finnis
Journal Articles
The philosophy of law is not separate from but dependent upon ethics and political philosophy, which it extends by that attention to the past (of sources, constitutions, contracts, acquired rights, etc.) which is characteristic of juridical thought for reasons articulated by the philosophy of law. Positivism is legitimate only as a thesis of, or topic within, natural law theory, which adequately incorporates it but remains transparently engaged with the ethical and political issues and challenges both perennial and peculiar to this age. The paper concludes by proposing a task for legal philosophy, in light of the fact that legal systems …