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Articles 1351 - 1380 of 1436
Full-Text Articles in Jurisprudence
Studying Law As The Possibility Of Principled Action, Gordon A. Christenson
Studying Law As The Possibility Of Principled Action, Gordon A. Christenson
Faculty Articles and Other Publications
The study of law may be viewed as the critical analysis of a system of logically coherent rules governing action. In the United States, the responsibility for legal education has traditionally fallen upon the law schools. Within the legal profession and law schools a restive spirit now prevails, seeking to further clarify the meaning of that responsibility.' Two responses appear in the law schools, for good or ill.
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Buffalo Law Review
Paper prepared for the II Congreso interamericano de derecho romano of the Seminario de derecho romano de la facultad de derecho de la Universitad nacional autónoma de México, July 17-21, 1972, in coordination with, the Associación interamericana de derecho romano, with seat at the Universidad de Paraiba, Joao Pessoa, Brasil.
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
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
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
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
Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer
Indiana Law Journal
No abstract provided.
Law And Today's Crisis-Situations, Thomas E. Davitt
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
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
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
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
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.
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
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
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.
The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz
The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz
Villanova Law Review (1956 - )
No abstract provided.
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
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 …
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
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
Analytic Philosophy And Jurisprudence, Jerome Hall
Analytic Philosophy And Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Soviet Theory Of Jurisprudence, Francis G. Homan Jr.
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
Legal Idealism And Constitutional Law, James A. Gardner
Villanova Law Review (1956 - )
No abstract provided.
From Legal Theory To Integrative Jurisprudence, Jerome Hall
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
Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Justiciability, Robert S. Summers
Justiciability, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
"Is" And "Ought" In Legal Philosophy, Robert S. Summers
"Is" And "Ought" In Legal Philosophy, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Logic In The Law, Robert S. Summers
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
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.
Nature Of The California Grand Jury: An Evaluation, Mary Emery, Aidan Gough
Nature Of The California Grand Jury: An Evaluation, Mary Emery, Aidan Gough
Faculty Publications
No abstract provided.
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
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.
Law And History, C. J. Friedrich
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