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Articles 1921 - 1950 of 2137
Full-Text Articles in Law
Contemporary Legal Pragmatism And Fundamental Freedoms, James Bolner
Contemporary Legal Pragmatism And Fundamental Freedoms, James Bolner
Louisiana Law Review
No abstract provided.
Polemic In The International Court Of Justice, Timothy C. Mack
Polemic In The International Court Of Justice, Timothy C. Mack
Syracuse Journal of International Law and Commerce
Jurisprudence, used as a technical term, has two meanings of equal currency, referring both to a philosophy of law and a science which "treats of the principles of positive law and legal relations." These meanings are vastly different in import. "Philosophy" suggests speculation and ideology, while "science" suggests fact and functionalism. Jurisprudence, like any discipline of observation and conclusion, can be a very useful tool in the legal analysis of one's own work and the work of others. The science, with its clear sight and objective standards, is obviously more dependable than the polemics of philosophy, and therefore the sole …
The World As Reality, As Resource, And As Pretense, Richard Stith
The World As Reality, As Resource, And As Pretense, Richard Stith
Law Faculty Publications
No abstract provided.
Judicial Reasoning And Social Change, David Dittfurth
Judicial Reasoning And Social Change, David Dittfurth
Indiana Law Journal
No abstract provided.
Joseph Henry Beale's Lectures On Jurisprudence, 1909, Warren J. Samuels
Joseph Henry Beale's Lectures On Jurisprudence, 1909, Warren J. Samuels
University of Miami Law Review
No abstract provided.
The Jurisprudence Of Karl Llewellyn, Simon N. Verdun-Jones
The Jurisprudence Of Karl Llewellyn, Simon N. Verdun-Jones
Dalhousie Law Journal
Jurisprudence means to me: any careful and sustained thinking about any phase of things legal, if the thinking seeks to reach beyond the practical solution of an immediate problem in hand. Jurisprudence thus includes any type at all of honest and thoughtful generalization in the field of the legal.' Alongside Roscoe Pound, Karl Llewellyn dominated the American jurisprudential stage for more than thirty years. Indeed, his diverse interests, broadly-based achievements and colorful personality compel the attention of any serious student of modern jurisprudence. Furthermore, the very profusion of roles played by Llewellyn render him one of the most remarkable legal …
Law In The Coming Years*, George D. Gibson
Law In The Coming Years*, George D. Gibson
Washington and Lee Law Review
No abstract provided.
Book Review, Michael E. Tigar
Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii
Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii
Kentucky Law Journal
No abstract provided.
Major Functions Of Law In Modern Society Featured, David A. Funk
Major Functions Of Law In Modern Society Featured, David A. Funk
Case Western Reserve Law Review
No abstract provided.
Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown
Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown
Journal Articles
Brown is the founder and foremost exponent of preventive law jurisprudence. Shaffer has dwelt in recent books and essays on the parallels between humanistic psychology and the fife of lawyers. In this dialogue they focus their somewhat diverse insights on law as living; on their agreement that lawyer-client decisions are law in any functional sense of the word; and on the premise that an explicable jurisprudence is implicit in the process of law office decision making.
Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers
Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers
Journal Articles
The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …
Right1, Right2, Right3, Right4 And How About Right?, Layman E. Allen
Right1, Right2, Right3, Right4 And How About Right?, Layman E. Allen
Book Chapters
Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word-skill is to be prized. Few have expressed this more aptly or succinctly than Wesley N. Hohfeld: ...[I]n any closely reasoned problem, whether legal or nonlegal, chameleon-hued words are a peril both to clear thought and to lucid expression.
The Sociology Of Soviet Law: The Heuristic And "Parental" Functions, James L. Hildebrand
The Sociology Of Soviet Law: The Heuristic And "Parental" Functions, James L. Hildebrand
Case Western Reserve Law Review
No abstract provided.
Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer
Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer
Indiana Law Journal
No abstract provided.
Law And Today's Crisis-Situations, Thomas E. Davitt
Law And Today's Crisis-Situations, Thomas E. Davitt
Indiana Law Journal
No abstract provided.
International Order And National Sovereignty - They Can Co-Exist, Arthur Larson
International Order And National Sovereignty - They Can Co-Exist, Arthur Larson
Faculty Scholarship
No abstract provided.
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Washington and Lee Law Review
No abstract provided.
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato
Faculty Working Papers
One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.
Systems Theory And Judicial Behavioralism, Ovid C. Lewis
Systems Theory And Judicial Behavioralism, Ovid C. Lewis
Case Western Reserve Law Review
No abstract provided.
The Normative Theory Of Law, George E. Glos
The Normative Theory Of Law, George E. Glos
William & Mary Law Review
No abstract provided.
Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby
Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby
San Diego Law Review
A review of E. Bodenheimer, Treatise on justice, W. Friedmann, Legal theory, 5U., and B. Wortley, Jurisprudence. To a certain degree, law is a refection of the social environment in which it exists. Since a multiplicity of forces is constantly at work to produce stresses and tensions that serve to keep society in an incessant state of flux, the law also finds itself in continual need to adjust and readjust. Traditionally, the contemplative jurist in search of aid in the solution of novel social problems has turned to philosophy. Despite the increasing popularity of the auxiliary disciplines of sociology, psychology …
The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr.
The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr.
West Virginia Law Review
No abstract provided.
American Jurisprudence Between The Wars: Legal Realism And The Crisis Of Democratic Theory, Edward A. Purcell Jr.
American Jurisprudence Between The Wars: Legal Realism And The Crisis Of Democratic Theory, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Logic In Judicial Reasoning, Thomas Halper
The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell
The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell
William & Mary Law Review
No abstract provided.
The Delicate Balance Of Freedom, Robert E. Maxwell
The Delicate Balance Of Freedom, Robert E. Maxwell
West Virginia Law Review
No abstract provided.
Moral Complications And Moral Structures, Robert Nozick
Moral Complications And Moral Structures, Robert Nozick
Natural Law Forum
No abstract provided.
Distributive Justice: Some Addenda, John Rawls
Distributive Justice: Some Addenda, John Rawls
Natural Law Forum
No abstract provided.
Legal Right In Scandinavian Analyses, Nils Kr. Sundby
Legal Right In Scandinavian Analyses, Nils Kr. Sundby
Natural Law Forum
No abstract provided.