Natural Law Commons^™

The War Crimes Trial: A Second Look, Robert Birmingham

Faculty Articles and Papers

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.

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 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 …

Legal Sanctions, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Choice Of Use In Resource Management, Gilbert F. White

Natural Resources Journal

No abstract provided.

The New Rules In New Mexico, Jerrold L. Walden

Natural Resources Journal

No abstract provided.

The Rural-Urban Transfer Of Water In California, Stephen C. Smith

Natural Resources Journal

No abstract provided.

The Proposed New Mexico Criminal Code, Henry Weihofen

Natural Resources Journal

No abstract provided.

The Function Of Legal Philosophy, Roscoe Pound

Vanderbilt Law Review

For twenty-four hundred years--from the Greek thinkers of the fifth century B.C. who asked whether right was right by nature or only by enactment and convention, to the social philosophers of today, who seek the ends, the ethical basis and the enduring principles of social control--the philosophy of law has taken a leading role in all study of human institutions. The perennial struggle of American administrative law with nineteenth-century constitutional formulations of Aristotle's threefold classification of governmental power, the stone wall of natural rights against which attempts to put an end to private war in industrial disputes for a long …

Austin's Theory Of The Separation Of Law And Morals, Samuel E. Stumpf

Vanderbilt Law Review

The lingering influence of the natural law theory in England brought forth a powerful new philosophy of law. The chief features of this new theory were developed by Hobbes and Bentham and found their most compelling formulation in the works of the "analytical"jurist, John Austin. What concerned these men most was how to deal with the existence of morally bad laws. Sir William Blackstone had said in his Commentaries that the laws of God are superior in obligation to all other laws; that no human laws should be allowed to contradict them; that human laws are of no validity if …

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 …

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 …

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 …

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, …

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.

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 …

Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson

Michigan Law Review

A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.

Book Review. Sutherland, A. E., The Law And One Man Among Many, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.

A Missing Link In The Evolution Of Due Process, Wallace Mendelson

Vanderbilt Law Review

On the eve of the American Revolution, Blackstone could comment that "so great.., is the regard of the [English] law for private property ... it will not authorize the least violation of it; no, not even for the general good of the whole community."' A similar concern for proprietary interests soon found expression on this side of the Atlantic in what Professor Corwin has called "The Basic Doctrine of American Constitutional Law"; namely, the "doctrine of vested interests." The general purport of this concept was that "the effect of legislation on existing property rights was a primary test of its …

Wu: Fountain Of Justice, Thomas E. Davitt S.J.

Michigan Law Review

A Review of Fountain of Justice. By John C.H. Wu.

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.

Corwin: The "Higher Law" Background Of American Constitutional Law, Charles M. Whelan S.J.

Michigan Law Review

A Review of The "Higher Law" Background of American Constitutional Law. By Edward S. Corwin.

Gough: Fundamental Law In English Constitutional History, Samuel I. Shuman

Michigan Law Review

A Review of Fundamental Law in English Constitutional History. By J. W. Gough.

Kelsen: Principles Of International Law, S. I. Shuman S.Ed.

Michigan Law Review

A Review of PRINCIPLES OF INTERNATIONAL LAW. By Hans Kelsen.

Natural Law Institute Proceedings, 1951, Vol. 5, Edward F. Barrett, John J. Cavanaugh C.S.C., J. Francis A. Mcintyre, Solomon Freehof, Khalifa Abdul Hakim, M. S. Sundaram, Daisetz T. Suzuki, Hu Shih, George E. Sokolsky, Theodore M. Hesburgh C.S.C.

Natural Law Institute Proceedings

From the Editor's Preface

The 1951 convocation was held in the College of Law, December 11–15. At the conclusion of a three-day series of information round-table discussions, the papers presented in this volume were read. The Most Reverend J. Francis A. McIntyre's, Archbishop of Los Angeles, introductory address is printed here along with five scholars of international reputation—all non-Christians—who for two days explored the place of Natural Law in their respective philosophical and religious traditions.

• Jewish Tradition
• Moslem Tradition
• Hindu Tradition
• Buddhist Tradition
• Chinese Tradition

Natural Law Institute Proceedings, 1950, Vol. 4, Edward F. Barrett, John J. Cavanaugh C.S.C., George E. Sokolsky, Thomas J. Brogan, Joseph C. Hutcheson Jr., Felix Morely, John C. Ford S.J.

Natural Law Institute Proceedings

From the Introduction

The papers read at the 1950 Convocation of the Institute and reprinted in this volume were concerned with certain "rights" which we Americans call "fundamental:"

• the right to liberty
• the right to property
• the right to freedom of expression
• the right to pursue happiness

Does the Natural Law as the source of human rights offer a true and solid explanation of what men really mean when they call such rights "fundamental"? This was the central theme of the 1950 sessions.

Natural Law Institute Proceedings, 1949, Vol. 3, John J. Cavanaugh C.S.C., Pope Pius Xii, Edward F. Barrett, Richard O'Sullivan, Edward S. Corwin, Stephan Kuttner, Carlos P. Romulo

Natural Law Institute Proceedings

From the Foreword

The papers presented during the 1949 sessions of the Third Natural Law Institute of the University of Notre Dame and reprinted in this volume have brilliantly maintained the high standards of exacting scholarship set by the preceding sessions of 1947 and 1948. They deal with the impact of the Natural Law on four great bodies of positive law.

• Common Law
• Canon Law
• Constitutional Law
• International Law