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Articles 661 - 690 of 724
Full-Text Articles in Jurisprudence
Virtues And Voices, Lawrence B. Solum
Virtues And Voices, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation as a society and as scholars to attend to excluded voices. The juxtaposition of these two themes offers an …
Book Review Of Abortion And Divorce In Western Law, Joan M. Krauskopf
Book Review Of Abortion And Divorce In Western Law, Joan M. Krauskopf
Journal of Legal Education
No abstract provided.
Introduction, Michael A. Simon
Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan
Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan
Articles
Joseph Raz's The Morality of Freedom1 is full of subtle, original, and thought provoking arguments. It also manifests abundantly Raz's philosophical good sense and sensitivity to the complexities of the moral life. These are reasons enough to class it with the handful of genuinely important books whose appearance in the last two decades has constituted a renaissance in political philosophy. But in my opinion, Raz has another, and even stronger claim on our attention: He comes closer to the truth about political morality than anyone has for nearly a century. (Possibly much longer, but we need not attempt to decide …
Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill
Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill
Department of Sociology: Dissertations, Theses, and Student Research
Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …
Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss
Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss
Touro Law Review
No abstract provided.
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Publications
No abstract provided.
The Problem Of Transaction Costs, Pierre Schlag
The Use Of Evolution Theory In Law, M. B. W. Sinclair
The Use Of Evolution Theory In Law, M. B. W. Sinclair
Articles by Maurer Faculty
No abstract provided.
Law And Morality: A Kantian Perspective, George P. Fletcher
Law And Morality: A Kantian Perspective, George P. Fletcher
Faculty Scholarship
The relationship between law and morality has emerged as the central question in the jurisprudential reflection of our time. Those who call themselves positivists hold with H.L.A. Hart that calling a statute or a judicial decision "law" need not carry any implications about the morality of that statute or decision. Valid laws might be immoral or unjust. Those who resist this reduction of law to valid enactments sometimes argue, with Lon Fuller, that moral acceptability is a necessary condition for holding that a statute is law; or, with Ronald Dworkin, that moral principles supplement valid enactments as components of the …
Jurisprudence And Legal Philosophy In 20th Century America: Major Themes And Developments, Martin P. Golding
Jurisprudence And Legal Philosophy In 20th Century America: Major Themes And Developments, Martin P. Golding
Journal of Legal Education
No abstract provided.
Alternative Methodology In Contemporary Jurisprudence: Comments On Dworkin, Philip Soper
Alternative Methodology In Contemporary Jurisprudence: Comments On Dworkin, Philip Soper
Journal of Legal Education
No abstract provided.
Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White
Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White
Journal of Legal Education
No abstract provided.
Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman
Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman
Michigan Law Review
A Review of Jurisprudence: A Descriptive and Normative Analysis of Law by Anthony D'Amato
The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson
The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson
UIC Law Review
No abstract provided.
Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper
Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper
Articles
I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.
What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan
What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan
Articles
Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …
Law's Halo, Donald H. Regan
Law's Halo, Donald H. Regan
Articles
Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to …
Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham
Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
On Preferences And Promises: A Response To Harsanyi, Donald H. Regan
On Preferences And Promises: A Response To Harsanyi, Donald H. Regan
Articles
John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I could …
Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham
Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
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
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
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
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
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
On What A Rule Is, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
The Neutrality Of Adherence To Precedent, Robert Birmingham
The Neutrality Of Adherence To Precedent, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
The Identity Of Legal Systems, Joseph Raz
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
The Generality Of Neutral Principles: A Game- Theoretic Perspective, Robert Birmingham
Faculty Articles and Papers
No abstract provided.