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Full-Text Articles in Legal History

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 3, Kentucky. General Assembly. House Of Representatives. Jan 1992

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1992

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1992

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Book Review. The Magic Mirror: Law In American History By Kermit L. Hall, Michael Grossberg Jan 1992

Book Review. The Magic Mirror: Law In American History By Kermit L. Hall, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs Jan 1991

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1991, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1991

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1991, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Clark Memorandum: Fall 1990, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 1990

Clark Memorandum: Fall 1990, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1990

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Justification In The Killing Of An Innocent Person, John Makdisi Jan 1990

Justification In The Killing Of An Innocent Person, John Makdisi

Cleveland State Law Review

It is appropriate to call Finnis' approach to life as an incommensurable basic human good a natural law approach. It suggests that there is more to life than just an accumulation of wealth, happiness, value, etc. There is something about life that we cannot value, that we cannot measure, that we cannot fathom, that is mysterious. While contract and even some tort law are readily adaptable to arguments of economic efficiency, there are areas where such arguments do not belong. Specifically, where the end result cannot be measured because the values at stake are incommensurable, there may be no best …


Natural Law Without Metaphysics: The Case Of John Finnis, Jeremy Shearmur Jan 1990

Natural Law Without Metaphysics: The Case Of John Finnis, Jeremy Shearmur

Cleveland State Law Review

Finnis, in Natural Law and Natural Right, sidesteps certain problems by taking a largely internalist view of natural law. First, for Finnis there is no problem of moving from facts to values, because within his starting-point-the "internal" reflective analysis of action-values are already there to be found. Second, Finnis suggests that what is today often cited as "the" statement of a fact/value problem, Hume's analysis, is in fact better understood as directed towards a different problem: one of the relation between truth and motivation. Here Finnis also offers a solution, suggesting that "one is motivated according to one's understanding of …


How To Govern A City On A Hill: The Early Puritan Contribution To American Constitutionalism, John Witte Jr. Jan 1990

How To Govern A City On A Hill: The Early Puritan Contribution To American Constitutionalism, John Witte Jr.

Faculty Articles

This Article explores briefly the constitutional ideas and institutions of seventeenth-century Puritan New England. It analyzes the constitutional ideas that the Puritans derived from their theological doctrines of covenant, church and state, and sin, and it examines the forms and functions of political and ecclesiastical government they devised in implementation of these ideas.


A Critical Legal Studies Perspective, Mark Tushnet Jan 1990

A Critical Legal Studies Perspective, Mark Tushnet

Cleveland State Law Review

In this comment I want to address two points suggested by Professor Finnis's essay "Natural Law and Legal Reasoning." I say "suggested by" deliberately, for I do not want to attribute the points in their full force to him, although I believe that his essay lends itself to a reading in which those points would be given their full force. The points deal with the question of "easy questions" and what Professor Finnis calls the "sufficient and necessarily artificial clarity and definiteness" that yields answers to such questions, and with the way in which legal professionals are likely to understand …


Whose Nature - Practical Reason And Patriarchy, Lynne Henderson Jan 1990

Whose Nature - Practical Reason And Patriarchy, Lynne Henderson

Cleveland State Law Review

My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …


The Virtues Of Redundancy In Legal Thought, Randy E. Barnett Jan 1990

The Virtues Of Redundancy In Legal Thought, Randy E. Barnett

Cleveland State Law Review

Redundancy has a bad reputation among legal intellectuals. My interest in the virtues of redundancy grows out of my interest in the social function of the liberal conception of justice and the rule of law. In this essay, I propose that legal theorists pay serious attention to the concept of redundancy used by engineers. I explain how redundancy-in this special sense-is essential to any intellectual enterprise in which we try to reach action-guiding conclusions, including the enterprise of law. I will describe the virtues of redundancy in legal thought. I want to explain why it is useful to rely on …


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1990

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 3, Kentucky. General Assembly. House Of Representatives. Jan 1990

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams Jan 1990

Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher Jan 1990

Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Hegel And Employment At Will: A Comment, Richard A. Posner Apr 1989

Hegel And Employment At Will: A Comment, Richard A. Posner

Cardozo Law Review

No abstract provided.


Persons, Hegel, And The Law: A Comment On Bernasconi, Michael A. Simon Apr 1989

Persons, Hegel, And The Law: A Comment On Bernasconi, Michael A. Simon

Cardozo Law Review

No abstract provided.


Hegel: A User's Manual, Richard Hyland Apr 1989

Hegel: A User's Manual, Richard Hyland

Cardozo Law Review

No abstract provided.


Work On A Labor Theory Of Meaning, Kenneth Casebeer Apr 1989

Work On A Labor Theory Of Meaning, Kenneth Casebeer

Cardozo Law Review

No abstract provided.


Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher Jan 1989

Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Book Review. The Political Theology Of Abbo Of Fleury: A Study Of The Ideas About Society And Law Of The Tenth-Century Monasic Reform Movement By Marco Mostert, Richard M. Fraher Jan 1989

Book Review. The Political Theology Of Abbo Of Fleury: A Study Of The Ideas About Society And Law Of The Tenth-Century Monasic Reform Movement By Marco Mostert, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Book Review. The Origins Of Medieval Jurisprudence: Pavia And Bologna, 850-1150 By Charles M. Radding, Richard M. Fraher Jan 1989

Book Review. The Origins Of Medieval Jurisprudence: Pavia And Bologna, 850-1150 By Charles M. Radding, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Appendix, Kentucky. General Assembly. House Of Representatives. Jan 1988

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Appendix, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 3, Kentucky. General Assembly. House Of Representatives. Jan 1988

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1988

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1988

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1988

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.