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Legal theory

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Articles 31 - 42 of 42

Full-Text Articles in Law and Philosophy

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer Mar 2002

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer

Journal of Legal Education

No abstract provided.


Democratic Justice In Transition, Marion Smiley May 2001

Democratic Justice In Transition, Marion Smiley

Michigan Law Review

Ruti Teitel's Transitional Justice and Ian Shapiro's Democratic Justice come out of very different academic traditions. But they both develop a view of justice that might loosely be called pragmatic by virtue of its treatment of justice as a value that is simultaneously grounded in practice and powerful in bringing about social and political change. Moreover, they both use this shared pragmatic view of justice to provide us with two things that are of great importance to the study of transitional justice and democracy in general. The first is an explanatory framework for understanding how legal institutions and claims about …


The Liberal Future Of Relational Feminism: Robin West's Caring For Justice, Linda C. Mcclain Apr 1999

The Liberal Future Of Relational Feminism: Robin West's Caring For Justice, Linda C. Mcclain

Faculty Scholarship

Robin West is one of the most prolific1 and creative members of the legal academy. Her distinctive voice, as expressed in several books and numerous scholarly articles, informs and shapes debates within such diverse areas as constitutional theory (West 1990b; West 1994), feminist jurisprudence (West 1987; West 1988), and law and literature (West 1993). Indeed, some of her early articles concerning feminist jurisprudence (West 1987, West 1988) are now "classics" in a relatively new field of inquiry and appear in virtually every anthology or textbook in the field (Bartlett and Kennedy 1991, 201; Becker, Bowman, and Torrey 1994, 90; Fineman …


Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman Jan 1999

Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman

Michigan Law Review

The Practice of Justice: A Theory of Lawyers' Ethics, by William H. Simon, is one of the most thoughtful and important books in legal theory - not just legal ethics - published in the past ten years. Like David Luban's seminal contribution to legal ethics, Lawyers and Justice: An Ethical Study, published a decade ago, Simon's book is a deliberate rival to accounts of lawyers' professional responsibility that begin with a command to zealous advocacy, end with a prohibition on outright illegal conduct, and offer nothing in between. Authors and commentators have grown increasingly dissatisfied with this as the basic …


Upside/Down View Of The Countermajoritarian Difficulty, Steven L. Winter Jun 1991

Upside/Down View Of The Countermajoritarian Difficulty, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Hegelian Vanity, Common Law Humility: On Legal Theory, Its Expression And Its Criticism, Thomas D. Eisele Jan 1989

Hegelian Vanity, Common Law Humility: On Legal Theory, Its Expression And Its Criticism, Thomas D. Eisele

Faculty Articles and Other Publications

Commentary on Arthur Jacobson, Hegel's Legal Plenum, 10 Cardozo L. Rev. 877 (1989).


The Use Of Evolution Theory In Law, M. B. W. Sinclair Jan 1987

The Use Of Evolution Theory In Law, M. B. W. Sinclair

Articles by Maurer Faculty

No abstract provided.


An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.


Principles, Positivism, And Legal Theory, David B. Lyons Dec 1977

Principles, Positivism, And Legal Theory, David B. Lyons

Faculty Scholarship

A complete theory of law, writes Ronald Dworkin, tells us what law is and what it ought to be. The current "ruling" theory of law combines legal positivism with utilitarianism: it holds, first, that law is a set of explicitly adopted rules and, second, that law ought to maximize the general welfare. Dworkin rejects both branches of that theory. He argues that law contains "principles" as well as rules and that these principles cannot be traced to any explicit adoption or enactment. Dworkin argues further that the ruling theory neglects moral rights, which must be respected, he claims, even if …


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.


Cahn: The Sense Of Injustice, Michigan Law Review May 1950

Cahn: The Sense Of Injustice, Michigan Law Review

Michigan Law Review

A Review of THE SENSE OF INJUSTICE. By Edmond N. Cahn.


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.