Natural Law Commons^™

Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan

Cardozo Law Review

No abstract provided.

Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich

Articles

No abstract provided.

Finding Self Within The Physical Universe, Thomas D. Barton

Journal of Legal Education

No abstract provided.

Natural Law And Justice (Book Review), Robert E. Rodes

Journal Articles

Professor Weinreb's aim in this thoughtful and thought-provoking book is a drastic overhaul of the ongoing debate about natural law. Natural law as he sees it is not a mere theory about the relation of law and morality: it is a comprehensive theory about the place of human beings in the cosmos. As such, it has a profound bearing on legal questions, but not in the way its current proponents have in mind. By recasting the fundamental question of natural law, Weinreb sheds light on many subsidiary questions of legal theory. This is a difficult book, because it is closely …

Actual Minds, Possible Worlds (Book Review), Thomas L. Shaffer

Journal Articles

Book review of: Actual Minds, Possible Worlds, by Jerome Bruner; Time, Narrative, and History, by David Carr; Law, Freedom, and Story: The Role of Narrative in Therapy, Society, and Faith, by John C. Hoffman; and Narrative and Morality, by Paul Nelson.

On Reason And Authority In Law's Empire, John M. Finnis

Journal Articles

Law's Empire will shape jurisprudence by its admirably resourceful attention to understanding a community's law "internally". It promotes reflective understanding of the practical argumentation constitutive of the attitude(s) in which that law subsists. But the book neglects some of practical understanding's resources of political and moral theory, and overestimates practical reasoning's power to identify options as the best and the right)

The "Natural Law Tradition", John Finnis

Journal of Legal Education

No abstract provided.

The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson

Journal Articles

Professor Robinson provides a critique of M.J. Detmold’s book, The Unity of Law & Mortality: A Refutation of Legal Positivism. He argues that the book is flawed for failure to present his adversary’s position and for failure to explain the reasons for embracing an ontological perspective towards all ethics. Despite its ambition, the argument does not get off the ground.

What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan

Articles

Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …

On "The Critical Legal Studies Movement", John M. Finnis

Journal Articles

"The present study critically examines the account of legal thought developed in Roberto Unger's very long article, ""The Critical Legal Studies Movement"" (1983), and tests it against Unger's own account of certain ""exemplary"" difficulties in the Anglo-American law of Contract. These scrutinies reveal that Unger's account fundamentally misunderstands the ways of legal thought, and disguises its misunderstanding behind equivocations on ""(in)determinate"" and ""(un)justified."""

Truthfulness And Tragedy (Book Review), Thomas L. Shaffer

Journal Articles

This is the third book in which Professor Stanley Hauerwas has developed his "story" approach to Christian ethics. It is a collection of essays, almost all of which appeared in periodicals, written while he was developing his theory more systematically in Vision and Virtue (1974), and in Character and the Christian Life (1975). One of the chapters here, on suicide and euthanasia, was written with Dr. Richard Bondi; two others, on story theology and on Albert Speer's Inside the Third Reich, were written with Father David B. Burrell. The essays are arranged so that they explain and defend Hauerwas' thought …

Comparative Judicial Behavior (Book Review), Donald P. Kommers

Journal Articles

This book consists of several cross-cultural and exploratory studies of judicial decision-making, and is one of the first to appear in the developing field of comparative judicial politics. A product of many months of collaboration between American and Asian scholars at the East-West Center, University of Hawaii, it deals chiefly with decision-making processes in the high courts of Japan, Hawaii, India, Canada, Australia, and the Philippines. The Asian contributors are mainly law teachers with a strong interest in the sociology of law; the American scholars are mainly teachers of political science whose special interest is the study of judicial behavior. …

Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker

Michigan Law Review

A Review of The Revival of Natural Law Concepts by Charles Grove Haines

Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer

Michigan Law Review

A Review of Shuman: Legal Positivism: Its Scope and Limitations . By Samuel I. Shuman

Civil Disobedience And Natural Law, Mark R. Macguigan

Kentucky Law Journal

No abstract provided.

Developments In Judicial Jurisprudence, John M. Finnis

Journal Articles

The purpose of this Comment is to explore briefly the fundamentals of what Prof. H. L. A. Hart has called "the contribution offered by the judges to the jurisprudence of our day", and to indicate in outline the disparity between this contribution and those of the most recent academic writings.

Legal Sanctions, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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

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, …

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

Articles by Maurer Faculty

No abstract provided.

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 …

Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.

Michigan Law Review

A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.

Legal Standards And Ideals, Sir Paul Vinogradoff

Michigan Law Review

Provisions for the settling of conflicts constitute the greater part of any legal system. These conflicts are not entirely governed by self interest and the idea of ethical duty does not disappear from them: it asserts itself in the shape of the balance to be established ·by the court: while every litigant presses for the satisfaction of his own claims society is called upon to adjudicate fairly between the parties: the moral notion of justice appears as the impartial attribution of what everyone in society ought to have by right. We make distinctions between men in accordance with their greater …