The U. S. political and legal system had been based on the Lockean natural rights doctrine. It made the country's constitutional framework a distinctly individualist system, a revolutionary one at that. The government had been demoted while citizens promoted - their sovereignty came to be identified as unalienable. This was never unchallenged but in time the dominant intellectual current turned against it. So today the most prominent legal minds in America tend to be pragmatic; rights are taken to be grants of government, by such leading jurists as Harvard's Cass Sunstein (even conservative jurists, such as Chicago's Richard Posner, disavow the natural rights tradition). Here I dispute the wisdom of this development and urge the re-embrace of the jurisprudence of the Declaration of Inde...
... the ruler - that constitutes the legal philosophy of Professor Sunstein (which is evidently that of ... to embracing this idea, as does legal realism. In philosophy such non-cognitivist positions as l...
...," provided an account of what occurs in the legal field when a ruling that aligns with the dictates ... his explanation of these terms: legal realism, which is a systems-level perspective on the worki...Legal Realism. In The Encyclopedia of Philosophy (Vol. 4, pp. 420-421). New York: McMillan. . Shear...
. Karl N. Llewellyn was a distinguished legal scholar and professor, and a leading proponent of LEGAL REALISM, a philosophy that is critical of the theory that ...
... Brieffor Comic Book Legal Defense Fund as Amicus Curiae 11- . 15.5 And, of ... of spreading a political philosophyhostile to the Constitution (Noto v. United States, 367 U....).Barlett & Rodeheffer, Effects of Realism on Extended Violent and Nonviolent Video Game Pl...
Introduction - II. What is the nation-state good for? - III. The nation-state and social integration - IV. The staying power of national identity - V. How nation-states destroy morality - VI. Economic globalization vs. the nation-state - VII. The political and military decay of the nation-state - VIII. Conclusion
..., more broadly associated with the philosophy of law. Legal philosophy has many branches, with f... formalism proposes that law is a science; realism holds that law is just another name for politics; ...
Introduction I. Aesthetics And Law II. Aesthetics Of Commercial Law A. The Energy Aesthetic B. The Grid Aesthetic C. The Instrumentalist Aesthetic III. The Sublime And The UCC IV. COnsequences Of Aesthetics Of Commercial Law A. Common Refrains Against Reform B. The Export of U.S. Commercial Law Models 1. One Theory of Imperial Law 2. Resisting Imperial Dualism Conclusion
... to consider these suppressed elements as legal professionals applaud U.S. commercial law's facili... fidelity to a particular branch of philosophy. The question arises: Is it legal aesthetics that ...80 Realism itself is a school of legal thought-it is concerne...
... war is often traced to the political philosophy that flows from Hobbes. The idea that claims the a... reminiscent of certain forms of political realism. Arguably, however, reason denied a privileged sta... asserts, is at "the origin of every [legal] contract," defining it, "even if violence is not ...
Law practice and legal education are facing fundamental changes. Many assume that these changes will force law schools to give up on theory and focus more on training students for the practice of law. However, this Essay shows that the future may be more uncertain and complex. The only thing that is certain is that law schools may face, for the first time, the need to provide the type of education the market demands rather than serving lawyers’ and law professors’ preferences. Legal educators must respond to these demands by serving not just the existing U.S. market for legal services but also a global market for legal information. This may call for training in some, but not all, of the theories and disciplines that have been developing in law schools.
..., also, a vague consciousness of high philosophy. (53) While living there, Raffaelli devoted himsel... with individuals working at the fringes of legal and social structures. Cut-rate drinking establish...
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