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Legal theory

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Legal Theory From The Regulative Point Of View, Alani Golanski Dec 2012

Legal Theory From The Regulative Point Of View, Alani Golanski

Alani Golanski

I argue that a concept of law that assigns primacy to the regulative role fulfilled by legal systems is best suited for explaining law’s discrete practice areas.  This regulative point of view facilitates the development of a concept of law capable of cohering with theories of discrete legal areas.  This posted paper revises the originally published Cumberland Law Review version.

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Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim Dec 2006

Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim

Janine Kim

The advent of new defensive claims, such as the battered woman's defense and the cultural defense, has led to debates that invoke a variety of important legal and political principles on both sides of the issues. But asking whether we ought to adopt new defenses in the criminal law raises a more fundamental question: why do we ever adopt defenses in the criminal law? Two simple reasons come to mind - (1) defenses may be necessary to our system of criminal law, or (2) defenses may be good for our system of criminal law. In this Article, I consider what …

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Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel Jan 1987

Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel

Mark Spiegel

In this Article, the author argues that where clinical education fits within the law school curriculum does not have to be viewed as simply a question of whether more skills training is needed to balance the theory of the traditional curriculum. The author posits that stating the question this way obscures the choices already made, as most types of legal education have elements of both theory and practice. However, how the terms “theory” and “practice” are defined strongly influences how various aspects of legal education are perceived. Therefore, the way we view clinical education depends as much upon the viewpoint …

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