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Articles 811 - 840 of 865

Full-Text Articles in Legal Theory

Legality And Empathy, Lynne N. Henderson Jan 1987

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 Apr 1986

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 Jan 1986

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 Jan 1986

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 Jan 1984

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 Jan 1984

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 Jan 1982

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 Jul 1980

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 Apr 1980

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 Apr 1980

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 Jul 1979

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 Apr 1979

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 Apr 1979

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 Jan 1979

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 Apr 1978

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 Dec 1977

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 Sep 1977

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 Apr 1977

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 Oct 1975

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 Apr 1975

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 Apr 1975

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 Apr 1975

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 Oct 1974

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. Apr 1974

Justice And Judgment, Cornelius F. Murphy Jr.

Buffalo Law Review

No abstract provided.


Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin Jan 1974

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 Oct 1972

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 Oct 1972

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 Oct 1972

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 Oct 1972

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 Oct 1972

Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis

Buffalo Law Review

No abstract provided.