Jurisprudence Commons^™

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

Articles

A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …

Remarks On Probability In Law: Mostly, A Casenote And A Book Review, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Dworkin's "Rights Thesis", Michigan Law Review

Michigan Law Review

This Note argues that the rights thesis is untenable. It shows that Dworkin's distinction between arguments of principle and arguments of policy, upon which the rights thesis is based, cannot withstand close scrutiny. The Note questions whether it is sensible to speak of an objectively soundest theory of law, and argues that, even if such a theory is feasible, Dworkin has failed to prove that it will always dictate a unique result (or, put in different words, that the rights thesis is part of the putative soundest theory). If Dworkin's idea of a soundest theory is oppugned, or if the …

On What A Rule Is, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

The Neutrality Of Adherence To Precedent, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

The Identity Of Legal Systems, Joseph Raz

Faculty Scholarship

Laws are part of legal systems; a particular law is a law only if it is part of American law or French law or some other legal system. Legal philosophers have persistently attempted to explain why we think of laws as forming legal systems, to evaluate the merits of this way of thinking about the law and to make it more precise by explicating the features that account for the unity of legal systems. Various theories have been suggested but none has been accepted as completely satisfactory, and the continuing debate owes much to the intricacy of the problems involved. …

The Generality Of Neutral Principles: A Game- Theoretic Perspective, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon

Washington Law Review

Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …

Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon

Washington Law Review

Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …

One Civil Libertarian Among Many: The Case Of Mr. Justice Goldberg, Ira H. Carmen

Michigan Law Review

It is common knowledge that in recent times the constitutional issues of greatest magnitude and of greatest public interest lie in the area of civil liberties. These cases almost always call for the delicate balancing of the rights of the individual, allegedly protected by a specific clause in the Constitution, and the duties that state or federal authority can exact from citizens in order that society may maintain a minimum standard of peace and security. It follows, therefore, that it is these often dramatic decisions which will largely color the images we have of participating Justices. Assume a free speech …

Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker

Michigan Law Review

A Review of The Revival of Natural Law Concepts by Charles Grove Haines

Book Review Of Jurisprudence: The Philosophy And Method Of The Law, Harold Gill Reuschlein

Journal of Legal Education

No abstract provided.

Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer

Michigan Law Review

A Review of Shuman: Legal Positivism: Its Scope and Limitations . By Samuel I. Shuman

"Is" And "Ought" In Legal Philosophy, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Logic In The Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Concept Of "Law", Vilhelm Aubert

Kentucky Law Journal

No abstract provided.

Hurst: Law And Social Process In United States History, Robert S. Hunt

Michigan Law Review

A Review of Law and Social Process in United States History. By James Willard Hurst.

The Rule Of Law And The Judicial Process, Luke K. Cooperrider

Michigan Law Review

An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …

Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.

Michigan Law Review

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.

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 …

Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.

Michigan Law Review

A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.

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.

Petrazycki: Law And Morality, William R. Jentes S.Ed.

Michigan Law Review

A Review of Law and Mortality. By Leon Petrazycki

Review Of Jurisprudence: Men And Ideas Of The Law, By E. W. Patterson, John W. Reed

Reviews

Jurisprudence: Men and Ideas of the Law was written as a textbook for students enrolled in Columbia's jurisprudence course. It appeared first inmimeograph in 1940, and has gone through three revisions before emerging in its present printed form. Thirteen years is not a record incubation period, but it typifies the care and thoroughness with which Professor Patterson works and with which he has prepared the present volume. Each sentence, each paragraph, each section is, to me, a clear statement of his meaning and serves his purpose well.

Reuschlein: Jurisprudence-Its American Prophets., S. I. Shuman

Michigan Law Review

A Review of JURISPRUDENCE-ITS AMERICAN PROPHETS. A Survey of Taught Jurisprudence. By Harold Gill Reuschlein.

The Study Of Jurisprudence-A Letter To A Hostile Student, Samuel Mermin

Michigan Law Review

The value to the law student of a course in jurisprudence has long been a question mark-and to the teachers as well as the students. The students have not been prompted by self-interest, as the teachers have, to come up with plausible erasures of the question mark. Most students, as you did, find the course esoteric, murky and impractical. The teachers, however, many of whom are mercifully unaware of the student reaction, have found sufficient justification for the course on various grounds which I think I can briefly summarize.

Faces On The Court House Steps, A. F. Neumann

Michigan Law Review

Judge Frank may one day write a book which it will be possible to take or leave, but I doubt it. Few writers, with his ability and insight in the field of administration of justice, I suppose, succeed in evoking in their readers the spirited reactions that his writings produce. This is the highest praise that any reader can bestow-even though his reaction be a spirited disagreement.

In his most recent book, Courts on Trial, he has attempted to· destroy what he calls "myths" in legal thinking describing the fact-finding process just as he did for the rule determination …