Jurisprudence Commons^™

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo

Buffalo Law Review

No abstract provided.

The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel

Buffalo Law Review

No abstract provided.

Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis

Buffalo Law Review

No abstract provided.

The Organs Of Soviet Administration Of Justice: Their History And Operation, By Samuel Kucherov, Jurij Fedynskyj

Indiana Law Journal

No abstract provided.

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 …

Comparative Law And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Reviews, Joseph Trachtman, Philip A. Trautman, Arthur Larson, A. Kenneth Pye, Walter F. Murphy, Norman Redlich, Leroy Kahn, Edwin W. Patterson, Frederick M. Hart, Curtis J. Berger, Wallace R. Bennett, W. W. Patterson

Journal of Legal Education

No abstract provided.

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

International Judicial Assistance And Utah Practice, Gordon A. Christenson

Faculty Articles and Other Publications

This article will undertake to consider the present framework of Utah procedural law in relation to international judicial assistance. It will endeavor to suggest methods of handling problems of personal service, evidence, and proof of foreign law and will seek to point out some dangers along the way.

New Frontiers In Jurisprudence In Canada, Edward Mcwhinney

Journal of Legal Education

No abstract provided.

Judicial Review In Europe, Gottfried Dietze

Michigan Law Review

The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …

Comparative Law And Jurisprudence At The University Of Toronto, Edward Mcwhinney

Journal of Legal Education

No abstract provided.

Book Reviews, Edgar Bodenheimer, Joseph P. Witherspoon Jr., Harold D. Lasswell, Mitchell Franklin, Alexander Nekam, Alison Reppy, Page Keeton, Francis A. Allen, J. J. Dukeminier Jr., Maurice Finkelstein

Journal of Legal Education

No abstract provided.

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.

Precedent In Past And Present Legal Systems, C. Sumner Lobingier

Michigan Law Review

The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincial and far from correct. On the contrary, the principle is inherent in every legal system, at least in its primitive stage; for the earliest form of law is custom, and the "core of custom" is precedent, not necessarily judicial, but something quite as authoritative.

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar

Michigan Law Review

That every judicial judgment, whatever its character, consists of premises and conclusion is a fact sufficiently obvious. In our system, especially, expression of the premises must very often be sought outside the actual judgment-order and collected from other parts of the judicial record or even from evidence aliunde of what took place at the hearing. But the legal nature of the relation between premises and conclusion is independent of the particular structure of the record and the mode of ascertaining what those premises were. Given satisfaction of the requirements of the law with respect to identity of parties, it is …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Machinery Of Procedural Reform, Edson R. Sunderland

Michigan Law Review

Much has been said and written about the imperfections of legal procedure. It is a subject of great interest and concern to the bar and to the public. Since rules of practice prescribe the conditions under which rules of law may be made operative, in so far as they fail of their purpose the law itself becomes ineffective. Lord Campbell is reported to have said that "The due distribution of justice depends more upon the rules by which suits are conducted than on the perfection of the code by which rights are defined."

Fundamental Tendencies In Modern Jurisprudence, Rudolf Stammler

Michigan Law Review

The reception of Roman law presented new problems to jurisprudence.

At the end of the fifteenth century the reception of Roman law and canon law, together with the Lombard feudal law, was complete throughout the entire continent of Europe.

As a matter of fact, Roman law had come northward in the East from Constantinople at the same time that it was coming into Germany from the South and West; but that is for our question of no particular importance. The chief point is that everywhere there was the need of becoming familiar with this foreign law, so far as that …

The Law Book Of The Future, William W. Cook

Michigan Law Review

In an article published in November, 1922, in the American Bar Association Journal on the "Power and Responsibility of the American Bar and its Relations to Democratic Institutions," the author pointed out the achievements of the profession in developing the law to meet the political and industrial needs of the American people. There is still other important work for the profession to do. Blackstone's and Kent's Commentaries have been outgrown and there is an imperative demand for a comprehensive and practical American treatise on all law for the use of law students and lawyers, legislators and the educated classes generally. …

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …

Sociological Interpretation Of Law, Joseph H. Drake

Articles

It is not the purpose of this paper to essay a definition of either of the formidable words in the title. The object is rather to call attention away from the metaphysical question, what is law? to the sociological question, how may we best attain justice in the administration of law? and, by the aid of some examples from history and comparative law, to justify as legal and constitutional the sociological method of interpretation. That such justification is necessary is evident from the fact that although the dictum of Mr. Justice. HOLMES in the dissenting opinion in Lochner v. New …

Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross

Michigan Law Review

The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?

Recopilación De Leyes Y Decretos De Venezuela, 1912, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXXV. Año de 1912.

Roman Law And Mohammedan Jurisprudence, Part 3, Theodore P. Ion

Michigan Law Review

After having, in a summary manner, reviewed the historical connection existing between the Roman and Mohammedan laws, and examined the social condition of their respective people, we now come to our last theme, namely, the comparison of their laws proper, which will show their similarity in more than one point. This examination-which will be preceded by an explanation of jurisprudence in both systems and an attempt to show the likeness of their respective jurisconsults-will be limited to certain subjects of personal law and contracts, and concluded with a few observations on judicial organization.

Jurisprudencia Del Tribunal Supremo, V.6, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Primer semestre de 1901. Volumen Sexto.

Jurisprudencia Del Tribunal Supremo, V.7, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Segundo semestre de 1901. Volumen Séptimo.

Jurisprudencia Del Tribunal Supremo, V.8, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia civil. Primer semestre de 1901. Volumen Octavo.

Jurisprudencia Del Tribunal Supremo, V.4, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo. En materia civil: primer semestre de 1900. Volumen Cuarto.