Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2206)
- Law and Politics (830)
- Jurisprudence (706)
- Law and Society (612)
- Legal History (547)
-
- Public Law and Legal Theory (469)
- Criminal Law (456)
- International Law (451)
- Law and Economics (425)
- Courts (415)
- Human Rights Law (415)
- Supreme Court of the United States (400)
- Rule of Law (390)
- Religion Law (383)
- Other Law (382)
- Criminal Procedure (375)
- Business Organizations Law (373)
- Legislation (366)
- Contracts (364)
- Health Law and Policy (350)
- Organizations Law (350)
- State and Local Government Law (348)
- Torts (348)
- Internet Law (347)
- Civil Law (346)
- Computer Law (340)
- Administrative Law (335)
- Military, War, and Peace (334)
- Institution
-
- Duquesne University (1661)
- University of Michigan Law School (403)
- Seattle University School of Law (257)
- Universitas Indonesia (136)
- Columbia Law School (117)
-
- University of Colorado Law School (53)
- Osgoode Hall Law School of York University (50)
- Brooklyn Law School (45)
- University of Richmond (44)
- Texas A&M University School of Law (41)
- University of Connecticut (39)
- University of Georgia School of Law (37)
- Boston University School of Law (34)
- Notre Dame Law School (34)
- Georgetown University Law Center (33)
- William & Mary Law School (32)
- Fordham Law School (31)
- UIC School of Law (31)
- Northwestern Pritzker School of Law (29)
- Touro University Jacob D. Fuchsberg Law Center (29)
- Schulich School of Law, Dalhousie University (27)
- Association of American Law Schools (26)
- University of Denver (26)
- Wayne State University (26)
- University of Maryland Francis King Carey School of Law (24)
- University of Washington School of Law (23)
- Cornell University Law School (21)
- New York Law School (21)
- Claremont Colleges (20)
- Maurer School of Law: Indiana University (20)
- Keyword
-
- Philosophy (1733)
- Theology (1604)
- Hallowed Secularism (1395)
- American Religious Democracy (1377)
- Politics (821)
-
- Law (636)
- Religion (337)
- History (305)
- Government (293)
- United States (264)
- Democracy (196)
- Human rights (165)
- Supreme Court (135)
- United States Constitution (120)
- Seperation of church and state (107)
- Jurisprudence (104)
- Policy (93)
- Public opinion (88)
- Morality (86)
- Justice (75)
- Ethics (60)
- Holidays (60)
- Constitution (43)
- Legal philosophy (43)
- Legal theory (42)
- Science (42)
- Liberalism (40)
- Equality (39)
- Establishment Clause (39)
- Political philosophy (37)
- Publication Year
- Publication
-
- Hallowed Secularism (1395)
- Seattle University Law Review (247)
- Michigan Law Review (242)
- Faculty Scholarship (232)
- Ledewitz Papers (164)
-
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Newspaper Columns (87)
- Articles (82)
- Publications (51)
- Faculty Articles and Papers (35)
- Georgetown Law Faculty Publications and Other Works (33)
- Scholarly Works (29)
- Faculty Publications (28)
- Journal of Legal Education (26)
- Law Faculty Research Publications (26)
- Articles & Book Chapters (24)
- Book Chapters (24)
- Journal Articles (23)
- Sturm College of Law: Faculty Scholarship (23)
- University of Richmond Law Review (23)
- Washington Law Review (21)
- All Faculty Scholarship (20)
- UIC Law Review (20)
- Reviews (19)
- Cornell Law Faculty Publications (17)
- Articles, Book Chapters, & Popular Press (16)
- Georgia Journal of International & Comparative Law (16)
- Northwestern University Law Review (16)
- Scholarly Articles (16)
- Fordham Law Review (15)
- Publication Type
- File Type
Articles 3841 - 3870 of 3949
Full-Text Articles in Law and Philosophy
The Concept Of "Law", Vilhelm Aubert
H.L.A. Hart On Justice, Robert S. Summers
H.L.A. Hart On Justice, 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.
An Evening With Three Legal Philosophers, Julius Cohen
An Evening With Three Legal Philosophers, Julius Cohen
Journal of Legal Education
No abstract provided.
Chinese Communist Law: Its Background And Development, Luke T. Lee
Chinese Communist Law: Its Background And Development, Luke T. Lee
Michigan Law Review
It is perhaps axiomatic to state that law is more than an instrument for the settlement of disputes and punishment of wrongdoers; it is, more importantly, a reflection of the way of life and the philosophy of the people that live under it. Self-evident though the above may be, it bears repeating here, for there is a much greater need for understanding Chinese law now than ever before. China's growing ideological, political, economic, and military impact on the rest of the world would alone serve as a powerful motivation for the study of its law. Certainly, we could not even …
On The Lawyer's Search For Contact With The Philosopher, Ilmar Tammelo
On The Lawyer's Search For Contact With The Philosopher, Ilmar Tammelo
Journal of Legal Education
No abstract provided.
Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig
Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig
Journal of Legal Education
No abstract provided.
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
Michigan Law Review
A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …
Book Reviews, William L. Prosser, Paul Hardin Iii, Julius Paul
Book Reviews, William L. Prosser, Paul Hardin Iii, Julius Paul
Journal of Legal Education
No abstract provided.
The Rule Of Law In Historical Perspective, W. Burnett Harvey
The Rule Of Law In Historical Perspective, W. Burnett Harvey
Michigan Law Review
Events of the past two decades have made imperative a fundamental re-examination of the basis of government and the legal order. The gross inhumanities of the German and Japanese regimes during the Second World War are fresh in our memories. In many areas of the world today, the force of law is being used for the systematic suppression of claims to freedom and human dignity. The revolutionary ferment of the post-war years has brought into existence new governments with the task of determining their fundamental orientation and the direction of their legal orders.
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
Michigan Law Review
An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …
The Challenge Of The Rule Of Law, W. Burnett Harvey
The Challenge Of The Rule Of Law, W. Burnett Harvey
Michigan Law Review
The lecture last week considered the Rule of Law concept in historical perspective. Aside from its possible, highly restricted connotation of public order maintained by the force of politically organized society, three basic meanings or emphases were identified in discussions of the Rule of Law: first, certain constitutional principles, particularly those ascribed by Dicey to 19th-century Britain; second, certain valuable procedural safeguards of a fair trial; and third, those asserted universal and perhaps immutable principles, derived from God or Nature by the rational faculties of man, available to guide and, in some views, to invalidate positive legal action. Without denying …
A Note On Symbolic Logic And The Law, Robert S. Summers
A Note On Symbolic Logic And The Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The Legal Philosophy Of Morris R. Cohen, Huntington Cairns
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 …
Plato And The Doctrine Of Natural Law, Hans Kelsen
Plato And The Doctrine Of Natural Law, Hans Kelsen
Vanderbilt Law Review
As a result of the shocks which the existing social orders have experienced through two World Wars and the Russian Revolution, an intellectual movement is becoming increasingly evident in the Western World--one which, in sharp reaction to a scientific-positivistic and relativistic philosophy, aims at a return to metaphysics and theology, and--closely connected with this--to a renewal of the doctrine of natural law. The proponents of this trend believe they find valuable support in the philosophy of Plato, whose authority until recently was virtually uncontested--and in this they are justified. Plato's doctrine of Ideas is the boldest of metaphysical speculations, for …
The Pure Theory Of Law, Reginald Parker
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 …
Justice Holmes And The Common-Law Tradition, John C.H. Wu
Justice Holmes And The Common-Law Tradition, John C.H. Wu
Vanderbilt Law Review
Briefly, case law may be described as "a method of developing law which preserves the continuity of legal doctrine, and is, at the same time, eminently adaptable to the needs of a changing society." On the whole, it is not far from the truth to say that "it hits the golden mean between too much flexibility and too much rigidity .... -" But what makes it so matter-of-fact and racy of the soil is to be found in Holdsworth's further observation that "this method keeps the law in touch with life, and prevents much unprofitable speculation upon academic problems which …
E. Jordan: Critic And Metaphysician Of Modern Civilization, Andrew J. Reck
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 …
John Dewey--A Philosophy Of Law For Democracy, Jay W. Murphy
John Dewey--A Philosophy Of Law For Democracy, Jay W. Murphy
Vanderbilt Law Review
On what bases can a philosophy of law be founded which is equal to the task of the democratization of man in the world today? The purpose of this article is to present some suggestions concerning the fuller use of John Dewey's philosophy in this important regard. In addition to an examination of Dewey's theory of justice, it will be suggested that the richness of Dewey's thought and the variety of its uses in legal scholarship and legal education have yet to be felt.
The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson
The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson
Michigan Law Review
This celebration of the first century of the Michigan Law School recalls the vain endeavor of the Holy Roman Empire to keep the craft of the law out of the Americas. Que no passasen abogados ni procuradores a las Indias was a clause inserted by the Emperor Charles V into the capitulation of 1540 with Alvar Nunez which sanctioned the exploration of the River Plate. Perhaps it was the futility of lawyers which prompted the Imperial veto. Twenty years before, when the Governor of Cuba sought to halt Cortez with decrees of outlawry from Spain, his cunning captain Sandoval evaded …
Free Will In The Frontiers Of Federalism, John R. Brown
Free Will In The Frontiers Of Federalism, John R. Brown
Michigan Law Review
In an assembly dedicated, as this one is, to frontiers in law and legal education in celebration of the centennial of this great Law School and forecasting what is to be expected in the next one hundred years, the idea of states' rights-of the federal-state relationship-has seemed almost ironic.
Hart & Honoré: Causation In The Law, Luke K. Cooperrider
Hart & Honoré: Causation In The Law, Luke K. Cooperrider
Michigan Law Review
A Review of CAUSATION IN THE LAW. By H. L. A. Hart and A. M. Honore.
Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer
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.
Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.
Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.
Michigan Law Review
In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.
What Is Justice?, By Hans Kelsen (1957), M. Maurice Orona
What Is Justice?, By Hans Kelsen (1957), M. Maurice Orona
Washington Law Review
The critic of Kelsen enjoys the unenviable position of crossing swords with the lordly; and so one is tempted to concede value to his works rather than to analyze that work as distinct from the aura of the author.
Judicial Review In Europe, Gottfried Dietze
Judicial Review In Europe, Gottfried Dietze
Michigan Law Review
The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …
Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner
Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Wu: Fountain Of Justice, Thomas E. Davitt S.J.
Wu: Fountain Of Justice, Thomas E. Davitt S.J.
Michigan Law Review
A Review of Fountain of Justice. By John C.H. Wu.
The Relation And Correlation Of Freedom And Security, Henry H. Foster
The Relation And Correlation Of Freedom And Security, Henry H. Foster
West Virginia Law Review
No abstract provided.
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Michigan Law Review
Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …