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Full-Text Articles in Social and Behavioral Sciences
What Is The Law? Ii, Joseph W. Bingham
What Is The Law? Ii, Joseph W. Bingham
Michigan Law Review
I shall now discuss briefly the nature of the causal effects of precedents upon judicial decisions and the justifications for those effects. One frequently hears laymen scoffing at the respect which courts pay to precedents and sometimes displaying a lamentable ignorance both of the nature of the influence which precedents have on the law and of the reasons for the existence of that influence. The influence of past example on human action pervades all human conduct and endeavor at all times. That influence is fundamental. It occurs through instinctive as well as intelligent processes and sometimes runs to unreasonable extents. …
What Is The Law?, Joseph W. Bingham
What Is The Law?, Joseph W. Bingham
Michigan Law Review
It is intended that this title shall demand an analysis of the field of study in which the lawyer or jurist works and a determination of its essential and contributing elements. The purpose of the article is to sketch briefly a partial answer which will be instructive and helpful to the student who faces the problem as I faced it some ten years ago. I do not expect that anything new will be found in these ideas. I imagine that all of them must have been expressed many times before. Some of them are commonplace. None is esoteric. Probably the …
The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore
The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore
Michigan Law Review
The multiplying instances of the delay or seeming miscarriage of justice, together with the indications that crime is not diminishing in this country, as it is in most progressive European countries, are responsible for the widespread feeling that American Criminal Law and Administration are ineffective as a corrective system, and thus fail adequately to protect society; that as President Taft puts it, "The administration of criminal law in this country is a disgrace to our civilization." Defective organization of courts, cumbrous and costly procedure and excessive emphasis on technicalities afford an undue advantage to the law-breaker of means and deepen …