Jurisprudence Commons^™

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.

Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer

Indiana Law Journal

No abstract provided.

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.

A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair

Vanderbilt Journal of Transnational Law

The traditional distinction between a judge in the Civil Law System and his counterpart in the United States is that the former only applies codified law, while the latter not only applies but also "makes" law through judicial decision. The theory underlying the Civil Law System holds that development of the law is the exclusive province of the legislature and that judges are not to engage in such activity unless the legislature permits it. In France, for example, to ensure that judges do not exceed their authority, the Civil Code prohibits a judge, under threat of criminal sanction, from basing …

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review (1956 - )

No abstract provided.

A Review Of Hohfeld's Fundamental Legal Concepts, Alan D. Cullison

Cleveland State Law Review

Wesley N. Hohfeld tried to split the atom of legal discourse and to identify its elementary particles. He identified eight atomic particles which he called "the lowest common denominators of the law." All legal concepts, he thought, can be completely analyzed, even defined, in terms of these eight fundamental legal conceptions: Right, No-Right, Power, Disability, Duty, Privilege, Liability, Immunity. Of course, Hohfeld had in mind very specific meanings for these eight terms; so it is not the words themselves, but rather the meanings he had in mind, that tell Hohfeld's story. The first thing that needs clarifying is what kind …

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.

The New Analytical Jurists, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney

Villanova Law Review (1956 - )

No abstract provided.

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

The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz

Villanova Law Review (1956 - )

No abstract provided.

Analytic Philosophy And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts

Cornell Law Faculty Publications

Jurisprudence can afford us some insight into whether a particular system is functioning effectively. To do this jurisprudes must extrapolate the aims of the society and then evaluate how effectively its legal system functions to structure social activity so that those aims are realized in an orderly fashion. Jurisprudence is seen, therefore, to be a form of time and motion study on a grand scale. Judgments about the ultimate worth of a given society’s aims are excluded from jurisprudence, however, on the ground that such emotionally charged and ethically relative conclusions cannot be proved by any empirically verifiable scale of …

Soviet Theory Of Jurisprudence, Francis G. Homan Jr.

Cleveland State Law Review

Any examination of Marxian theory and its embodiment in Soviet jurisprudence must first review its roots in Hegelian philosophy. Bolshevism, Fascism and National Socialism have all relied on Hegelian theory, with tremendous political impact on modern history.

Legal Idealism And Constitutional Law, James A. Gardner

Villanova Law Review (1956 - )

No abstract provided.

From Legal Theory To Integrative Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Professor H.L.A. Hart's Concept Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Justiciability, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

"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.

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.

Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume

Michigan Law Review

The Northwest Ordinance of 1787 made provisions for legislation by the territorial government in two stages: (1) adoption of laws by the governor and judges from the laws of the original states, and (2) enactment of statutes by a legislature made up of the governor, a council, and elected representatives. The first method was to be followed until the population should reach 5,000 and the second method thereafter. The present study is limited to the first stage.

Nature Of The California Grand Jury: An Evaluation, Mary Emery, Aidan Gough

Faculty Publications

No abstract provided.

Law And History, C. J. Friedrich

Vanderbilt Law Review

Law is frozen history. In an elementary sense, everything we study when we study law is the report of an event in history, and all history consists of such records or reports. It therefore cannot be my task to develop a sermon on the importance of historical records for the understanding of the law; the tie is too intimate and too obvious to need laboring." The work of Professor Maine on 'Ancient Law,'" wrote Professor T. W. Dwight in his Introduction to that book in the sixties of the last century, "is almost the only one in the English language …

Legal Sanctions, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Gustav Radbruch, Wolfgang Friedmann

Vanderbilt Law Review

As recently as the end of the last World War the name and work of Gustav Radbruch were virtually unknown in the Anglo-American legal world. In 1938 Roscoe Pound, in his encyclopedic survey, "Fifty Years of Jurisprudence," had given a concise account of Radbruch's legal philosophy in the context of his section on "neo-idealism." In 1944 Anton Hermann Chroust wrote a penetrating analysis of Radbruch's philosophy of law, and about the same time the first edition of the present writer's Legal Theory, published on the other side of the Atlantic, included Gustav Radbruch in the survey of major legal philosophers. …

Book Reviews, Edgar Bodenheimer, Robert S. Lancaster, Stanley D. Rose, Lloyd B. Urdahl

Vanderbilt Law Review

The Great Legal Philosophers: Selected Readings in Jurisprudence Edited by Clarence Morris. Philadelphia: University of Pennsylvania Press 1959. Pp. 571. $10.00.

reviewer: Edgar Bodenheimer

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Law as Large as Life: A Natural Law for Today and the Supreme Court as its Prophet By Charles P. Curtis. New York: Simon & Schuster. 1959. $3.50.

reviewer: Robert S. Lancaster

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Cases and Materials on Juriprudence By John C. H. Wu. St.Paul: West Publishing Co. 1960. Pp. xliii, 719. $12.00.

reviewer: Stanley D. Rose

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The Law and Legal Theory of the Greeks: An Introduction By J.Walter Jones. New York: Oxford University Press, …

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.