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Articles 811 - 840 of 865
Full-Text Articles in Legal Theory
Legality And Empathy, Lynne N. Henderson
Legality And Empathy, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen
The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen
Buffalo Law Review
No abstract provided.
The Moral Dilemma Of Positivism, Anthony D'Amato
The Moral Dilemma Of Positivism, Anthony D'Amato
Faculty Working Papers
I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …
Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper
Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper
Articles
I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.
Notes Toward An Intimate, Opinionated, And Affectionate History Of The Conference On Critical Legal Studies, John Henry Schlegel
Notes Toward An Intimate, Opinionated, And Affectionate History Of The Conference On Critical Legal Studies, John Henry Schlegel
Journal Articles
No abstract provided.
Legal Theory And The Obligation To Obey, Philip E. Soper
Legal Theory And The Obligation To Obey, Philip E. Soper
Articles
Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.
What 'Counts' As Law?, Anthony D'Amato
What 'Counts' As Law?, Anthony D'Amato
Faculty Working Papers
A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …
Not Socrates, But Protagoras: The Sophistic Basis Of Legal Education, William C. Heffernan
Not Socrates, But Protagoras: The Sophistic Basis Of Legal Education, William C. Heffernan
Buffalo Law Review
No abstract provided.
The New Property Of The Nineteenth Century: The Development Of The Modern Concept Of Property, Kenneth J. Vandevelde
The New Property Of The Nineteenth Century: The Development Of The Modern Concept Of Property, Kenneth J. Vandevelde
Buffalo Law Review
No abstract provided.
American Legal Realism And Empirical Social Science: The Singular Case Of Underhill Moore, John Henry Schlegel
American Legal Realism And Empirical Social Science: The Singular Case Of Underhill Moore, John Henry Schlegel
Buffalo Law Review
No abstract provided.
American Legal Realism And Empirical Social Science: From The Yale Experience, John Henry Schlegel
American Legal Realism And Empirical Social Science: From The Yale Experience, John Henry Schlegel
Buffalo Law Review
No abstract provided.
Studies In Boundary Theory: Three Essays In Adjudication And Politics, Al Katz
Studies In Boundary Theory: Three Essays In Adjudication And Politics, Al Katz
Buffalo Law Review
No abstract provided.
The Structure Of Blackstone's Commentaries, Duncan Kennedy
The Structure Of Blackstone's Commentaries, Duncan Kennedy
Buffalo Law Review
No abstract provided.
Law As Rule And Principle By Theodore M. Benditt, D. M. Patterson
Law As Rule And Principle By Theodore M. Benditt, D. M. Patterson
Buffalo Law Review
No abstract provided.
Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth
Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth
Buffalo Law Review
No abstract provided.
The Ages Of American Law. By Grant Gilmore, Morton J. Horwitz
The Ages Of American Law. By Grant Gilmore, Morton J. Horwitz
Buffalo Law Review
No abstract provided.
Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert
Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert
Journal Articles
No abstract provided.
From Lovercamp To A Prisoner's Right To Escape: An Inescapable Conclusion?, Rodney L. Schermer
From Lovercamp To A Prisoner's Right To Escape: An Inescapable Conclusion?, Rodney L. Schermer
Buffalo Law Review
No abstract provided.
Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen
Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen
Buffalo Law Review
No abstract provided.
Sanctions And Deviance: Another Look, Herbert Kritzer
Sanctions And Deviance: Another Look, Herbert Kritzer
IUSTITIA
In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Buffalo Law Review
No abstract provided.
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
Buffalo Law Review
No abstract provided.
Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin
Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin
Buffalo Law Review
No abstract provided.
Justice And Judgment, Cornelius F. Murphy Jr.
Justice And Judgment, Cornelius F. Murphy Jr.
Buffalo Law Review
No abstract provided.
Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin
Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin
Buffalo Law Review
No abstract provided.
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Buffalo Law Review
Paper prepared for the II Congreso interamericano de derecho romano of the Seminario de derecho romano de la facultad de derecho de la Universitad nacional autónoma de México, July 17-21, 1972, in coordination with, the Associación interamericana de derecho romano, with seat at the Universidad de Paraiba, Joao Pessoa, Brasil.
Punishment For Negligence: A Reply To Professor Hall, James B. Brady
Punishment For Negligence: A Reply To Professor Hall, James B. Brady
Buffalo Law Review
No abstract provided.
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
Buffalo Law Review
No abstract provided.
The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel
The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel
Buffalo Law Review
No abstract provided.
Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis
Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis
Buffalo Law Review
No abstract provided.