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Legal philosophy

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Articles 31 - 43 of 43

Full-Text Articles in Law and Philosophy

Blame The Messenger: Summers On Fuller, Paul A. Lebel Feb 1985

Blame The Messenger: Summers On Fuller, Paul A. Lebel

Michigan Law Review

A Review of Lon L. Fuller by Robert S. Summers


The Morality Of Obedience, Joseph Raz Feb 1985

The Morality Of Obedience, Joseph Raz

Michigan Law Review

A Review of A Theory of Law by Philip Soper


Justifications For Paternalism, Donald H. Regan Jan 1974

Justifications For Paternalism, Donald H. Regan

Book Chapters

One of the most troublesome problems concerning the appropriate extent of government interference with individuals' activity is the problem of paternalism-that is, the problem of when, if ever, the state may compel an individual to do or to refrain from some act or activity "for his own good." One would hardly know this was a troublesome problem just from looking at the literature on political and legal philosophy. It is hard to think of an influential philosophical discussion of the matter more recent than John Stuart Mill's. But paternalism is a problem which keeps coming up in discussions among philosophers …


Justice Joseph Story: A Study Of The Legal Philosophy Of A Jeffersonian Judge, Morgan D. Dowd Mar 1965

Justice Joseph Story: A Study Of The Legal Philosophy Of A Jeffersonian Judge, Morgan D. Dowd

Vanderbilt Law Review

Few studies have sought to explicate the legal philosophy of Joseph Story despite his enormous reputation as scholar, Supreme Court justice and professor at the Harvard Law School. Worse still, there has been little critical analysis of nineteenth-century concepts and statements of the law.' The purpose of this essay, then, is to examine the validity of Story's legal theories and to evaluate his work as a major contributor to American public law. As a result of this study,it is hoped that progress can be made toward a greater understanding of the man, the justice, and his philosophy of law.


"Is" And "Ought" In Legal Philosophy, Robert S. Summers Apr 1963

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

Cornell Law Faculty Publications

No abstract provided.


The Concept Of "Law", Vilhelm Aubert Jan 1963

The Concept Of "Law", Vilhelm Aubert

Kentucky Law Journal

No abstract provided.


The Pure Theory Of Law, Reginald Parker Dec 1960

The Pure Theory Of Law, Reginald Parker

Vanderbilt Law Review

There is hardly a theory of law about which there exists so much confusion in the minds of so many scholars as about Hans Kelsen's theory, which is commonly known under the name "Pure Theory of Law." If, for instance, a scholar of the stature and standing of Professor Northrop maintains that Kelsen locates the basic norm of the Austrian Constitution of 1920 "in the earliest Constitution of 1867,"'then it seems that there is still room, indeed an intellectual demand, for a brief and simple exposition of Kelsen's theory. We shall attempt it in the following article not without avoiding …


The Legal Philosophy Of Morris R. Cohen, Huntington Cairns Dec 1960

The Legal Philosophy Of Morris R. Cohen, Huntington Cairns

Vanderbilt Law Review

Cohen died in 1947 with five of the numerous books he had planned published. Since that time others have appeared. If he did not live to finish his life's work, he accomplished more than is given to most scholars who teach and participate in the numerous public activities that marked his career. Cohen was not a hopeful man and he would not be attracted by the thought, he once said in conversation, of living life over again--particularly, he added after a pause, if he had to teach mathematics to college students. He was disturbed above everything else by the decline …


E. Jordan: Critic And Metaphysician Of Modern Civilization, Andrew J. Reck Dec 1960

E. Jordan: Critic And Metaphysician Of Modern Civilization, Andrew J. Reck

Vanderbilt Law Review

Elijah Jordan (1875-1953) was one of the most original social and, legal philosophers in the history of American thought. Jordan spent his life in the midwest, near the rural setting from which he came, serving as professor of philosophy at Butler College in Indianapolis from his appointment in 1913 until his retirement 31 years later. Jordan wrote a half dozen volumes that comprise for American philosophy a unique contribution the full significance of which has still to be measured: The Life of Mind,' Forms of Individuality, Theory of Legislation, The Aesthetic Object, The Good Life Essays in Criticism, and on …


Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer Feb 1959

Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer

Michigan Law Review

A Review of The Philosophy of Law in Historical Perspective. By C. J. Friedrich.


Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner Jan 1957

Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Review Of Jurisprudence: Men And Ideas Of The Law, By E. W. Patterson, John W. Reed Jan 1954

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.


Some Implications Of Juristic Pragmatism, Fowler Vincent Harper Jan 1929

Some Implications Of Juristic Pragmatism, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.