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Jurisprudence

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Articles 1351 - 1380 of 1422

Full-Text Articles in Jurisprudence

The Sociological Jurisprudence Of Roscoe Pound (Part Ii), James A. Gardner Jan 1961

The Sociological Jurisprudence Of Roscoe Pound (Part Ii), James A. Gardner

Villanova Law Review (1956 - )

No abstract provided.


Gustav Radbruch, Wolfgang Friedmann Dec 1960

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. …


Justice, Language And Communication, Julius Stone, G. Tarello Dec 1960

Justice, Language And Communication, Julius Stone, G. Tarello

Vanderbilt Law Review

The present paper has been concerned to stress that jurisprudence, insofar as it is not limited to analytical jurisprudence, dare not overlook the distinctive qualities either of common language, or of the special language of lawyers. For what its authors deny above all is the utility of so defining a field--like the justice-field--which is a segment of common language, in terms of a special language or logical structuring similar to those used by lawyers. Nor do we think that the presence of considerations of justice (and therefore of common language statements) in the process of the operation of law, either …


Studies In Legal Philosophy, William R. Andersen Dec 1960

Studies In Legal Philosophy, William R. Andersen

Vanderbilt Law Review

The hazards of planning a symposium in the field of jurisprudence derive largely from the fact that the field is itself ill-defined; the legitimate "province of jurisprudence," to use Austin's phrase, has never been fully agreed upon. A historical approach seemed reasonably satisfactory, however, and what follows is a series of studies of some of the great figures in the history of legal philosophy. Happily, no one of our contributors was satisfied with simple exegesis or even with appraising matters of purely historical importance. Each study is an attempt to deal critically with a facet of its subject which is …


Nietzsche, Thomas A. Cowan Dec 1960

Nietzsche, Thomas A. Cowan

Vanderbilt Law Review

I find that the attempt to assess Nietzsche's value to contemporary jurisprudence is fraught with extreme difficulty. Not only was Nietzsche perhaps the most controversial figure in the history of ideas:' this might have happened to one whose message was simple.But in Nietzsche's case the ideas themselves are highly controversial, paradoxical and even "immoral." Like every great thinker Nietzsche was more provocative to his enemies than to his friends. His enemies took their revenge by burying him under a deluge of refutation and abuse. Apparently Nietzsche was guilty of what might be called the crime of "universal treason." He gave …


Book Reviews, Edgar Bodenheimer, Robert S. Lancaster, Stanley D. Rose, Lloyd B. Urdahl Dec 1960

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, …


On Law And Justice, By Alf Ross, Samuel I. Shuman Apr 1960

On Law And Justice, By Alf Ross, Samuel I. Shuman

Indiana Law Journal

No abstract provided.


Book Reviews, O. Kahn-Freund, Saul Medlovitz, Charles D. Kelso, J. Francis Paschal, Thomas A. Cowan, Lowell Turrentine, Richard S. Sullivan, G. Robert Ellegaard, Richard Arens, Ilmar Tammelo, J. Myron Jacobstein, Paul O. Proehl Mar 1960

Book Reviews, O. Kahn-Freund, Saul Medlovitz, Charles D. Kelso, J. Francis Paschal, Thomas A. Cowan, Lowell Turrentine, Richard S. Sullivan, G. Robert Ellegaard, Richard Arens, Ilmar Tammelo, J. Myron Jacobstein, Paul O. Proehl

Journal of Legal Education

No abstract provided.


The School Of Law Observes Its Centennial Year: Harvard's Dean Pound Delivers Lectures, Roscoe Pound Feb 1960

The School Of Law Observes Its Centennial Year: Harvard's Dean Pound Delivers Lectures, Roscoe Pound

Other Lectures and Presentations

Dean Emeritus Roscoe Pound of the Law School of Harvard University came to the Georgia campus in early February and delivered a series of three lectures. Dean Pound, now in his ninetieth year, is the outstanding legal scholar in America and perhaps in the world. His visit was the highlight of the Centennial of the University of Georgia School of Law. The lectures had to do with the science of law, a subject to which he has devoted seventy years as a lawyer, supreme court justice, author, and law teacher.

Law Finding Through Experience and Reason, Three Lectures (University of …


Jerome Frank's Contributions To The Philosophy Of American Legal Realism, Julius Paul Jun 1958

Jerome Frank's Contributions To The Philosophy Of American Legal Realism, Julius Paul

Vanderbilt Law Review

Justice Holmes' famous statement that "the life of the law has not been logic: it has been experience' has had a profound effect on contemporary American jurisprudence. Holmes' monumental influence, together with the impact of positivism, American pragmatism,and more recently, psychoanalysis, have all played important roles in shaping the development of the school of American legal realism.

One of the most controversial and provocative members of this school was Jerome Frank, who was not only a prolific writer on matters legal, but also an eminent corporation lawyer, a government counsel, an administrator (a Commissioner and later Chairman of the Securities …


Book Review. Friedrich, C. J., The Philosophy Of Law In Historical Perspective, Jerome Hall Jan 1958

Book Review. Friedrich, C. J., The Philosophy Of Law In Historical Perspective, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman Jan 1958

Beutel: Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, Samuel I. Shuman

Michigan Law Review

A Review of Some Potentialities of Experimental Jurisprudence as a New Branch of Social Science. By Fredrick K. Beutel.


The Present Position Of Jurisprudence In The United States, Jerome Hall Jan 1958

The Present Position Of Jurisprudence In The United States, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Reason And Reality In Jurisprudence, Jerome Hall Jan 1958

Reason And Reality In Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Foundations Of American Realism, Julius Paul Dec 1957

Foundations Of American Realism, Julius Paul

West Virginia Law Review

No abstract provided.


The Christian Lawyer As A Public Servant, William S. Ellis Aug 1957

The Christian Lawyer As A Public Servant, William S. Ellis

Vanderbilt Law Review

This paper is concerned with the general topic of the Christian lawyer as a public servant. The paper attempts to describe very briefly the lawyer in his practice of law and in his relation to the legal and political systems, and the relevance of the Church to the law in each of these areas. The topic is a difficult one, for the writer would suggest that the lawyer by his very trade is "a Pharisee" and rarely a Christian.

Yet the lawyer is one of the most important and influential groups in this country. From the days of the pioneer …


Theology And Jurisprudence, Samuel E. Stumpf Aug 1957

Theology And Jurisprudence, Samuel E. Stumpf

Vanderbilt Law Review

Our era is one in which the law plays a far more important role than at any other time in history, for the law has insinuated itself into the control of almost every facet of man's life. If it was true over a century ago, as Chief Justice Marshall said, that "the judicial department comes home in its effects to every man's fireside; it passes on his property, his reputation, his life, his all,"' it is even more true today as the law has continued to proliferate its influence over an ever-widening range of human conduct. But it is precisely …


Necessity As A Justification: A Critique Of Perka, Donald Galloway Jun 1956

Necessity As A Justification: A Critique Of Perka, Donald Galloway

Dalhousie Law Journal

In his characteristically trenchant and influential investigation, "A Plea for Excuses",' J. L. Austin reminded us that we can and do use different strategies of defending a person when it is claimed that he has done wrong. He drew attention to two distinct tactics: One way of going about this (defending a person) is to admit that he, X, did that very thing, A, but to argue that it was a good thing, or the right or sensible thing, or a permissible thing to do . . . To take this line is to justify the action, to give reasons …


Idea Of A Law School, Charles S. Desmond Jan 1956

Idea Of A Law School, Charles S. Desmond

Villanova Law Review (1956 - )

No abstract provided.


The Moral Foundation Of Democracy, By John H. Hallowell, Francis D. Wormuth Apr 1955

The Moral Foundation Of Democracy, By John H. Hallowell, Francis D. Wormuth

Indiana Law Journal

No abstract provided.


Process And Pattern: The Search For Standards In The Law, Charles Edward Wyzanski Jr. Jan 1955

Process And Pattern: The Search For Standards In The Law, Charles Edward Wyzanski Jr.

Indiana Law Journal

An address at the Fiftieth Anniversary of the Graduate Schools of Indiana University, April 30, 1954.


Book Reviews, Law Review Staff Dec 1953

Book Reviews, Law Review Staff

Vanderbilt Law Review

Readings in Jurisprudence and Legal Philosophy By Morris R. Cohen and Felix S. Cohen New York: Prentice-Hall, Inc., 1951. Pp. viii, 944,$8.50

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Jurisprudence: Men and Ideas of the Law By Edwin W. Patterson Brooklyn: The Foundation Press, Inc., 1953. Pp. viii, 649.

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Jurisprudence--Its American Prophets By Harold Gill Reuschlein Introduction by Roscoe Pound Indianapolis: The Bobbs-Merrill Company, Inc., 1951. Pp. xii, 527, $7.50

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Law and Society in Evolution By Sidney Post Simpson and Julius Stone Introduction by Roscoe Pound St. Paul: West Publishing Co.,1948. Pp. xlvi, 692

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Law in Modern Democratic Society By Sidney Post Simpson …


The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr. Sep 1953

The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.

Washington and Lee Law Review

No abstract provided.


Book Reviews, Irving Dilliard, Stanley D. Rose, Walter P. Armstrong Jr., Reginald Parker Jun 1953

Book Reviews, Irving Dilliard, Stanley D. Rose, Walter P. Armstrong Jr., Reginald Parker

Vanderbilt Law Review

The States and Subversion Walter Gellhorn, Ed. Ithaca: Cornell University Press, 1952. Pp. vii, 454. $5.00

reviewer: Irving Dilliard

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Freedom through Law

By Robert L. Hale New York: Columbia University Press, 1952. Pp. xvi, 591. $7.50

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The Group Basis of Politics--A Study in Basing-Point Legislation By Earl Latham New York: Cornell University Press, 1952. Pp. ix,244. $3.75

reviewer: Stanley D. Rose

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Richards on Insurance, Fifth Edition By Warren Freedman New York: Baker, Voorhis & Co., Inc. 1952. Pp. xxvii, 2692. $50.00

reviewer: Walter P. Armstrong, Jr.

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The Theodosian Code and Novels and the Sirmondian Constitutions: A …


Book Review. Jurisprudence, Men And Ideas Of The Law By Edwin W. Patterson, John T. Bauman Jan 1953

Book Review. Jurisprudence, Men And Ideas Of The Law By Edwin W. Patterson, John T. Bauman

Articles by Maurer Faculty

No abstract provided.


Book Review. Pound, Roscoe, Justice According To Law, Ralph F. Fuchs Jan 1952

Book Review. Pound, Roscoe, Justice According To Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


The Teaching Of Jurisprudence In The United States, Albert A. Ehrenzweig Dec 1951

The Teaching Of Jurisprudence In The United States, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.


The Teaching Of Jurisprudence In England And Wales, R. H. Graveson Dec 1951

The Teaching Of Jurisprudence In England And Wales, R. H. Graveson

Journal of Legal Education

No abstract provided.


Teaching Jurisprudence In A Smaller School, Reginald Parker Mar 1951

Teaching Jurisprudence In A Smaller School, Reginald Parker

Journal of Legal Education

No abstract provided.


Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall Jan 1951

Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.