The Common Law Tradition: A Collective Protrait Of Five Legal ScholarsTransaction Publishers - 367페이지 The Common Law Tradition examines the lives and achievements of five individuals who helped broaden the perspectives of the legal academy - Edward H. Levi, Harry Kalven, Jr., Karl Llewellyn, Philip Kurland, and Kenneth Culp Davis - and assesses the extent to which their immediate agendas were realized. What distinguished these men is that their work was practical and rooted in the law, and hence yielded concrete applications. The groups diversity, the tolerant atmosphere in which they taught and wrote, and the attachment of its individual members to empirical approaches differentiate them from todays legal scholars and make their ideas of continuing importance. |
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xiii 페이지
... concern for indi- vidual rights , which for him included the right to own and enjoy property , led him to be mistrustful of officials , and concerned for " the shady and corrupt aspects of government . " 25 He favored legis- lative ...
... concern for indi- vidual rights , which for him included the right to own and enjoy property , led him to be mistrustful of officials , and concerned for " the shady and corrupt aspects of government . " 25 He favored legis- lative ...
xvii 페이지
... : Mellett Printing Co. , 1916 ) . Freund concerned himself with such humdrum matters as the ambiguity inherent in the use of " shall . " Legislative Regulation : A Study of Ways and Means of Written Law 29 . 30 . 31 . 32 . 33 . Preface ...
... : Mellett Printing Co. , 1916 ) . Freund concerned himself with such humdrum matters as the ambiguity inherent in the use of " shall . " Legislative Regulation : A Study of Ways and Means of Written Law 29 . 30 . 31 . 32 . 33 . Preface ...
11 페이지
... concerns centered less on individual rights than on the structure of divided and separated government that protected them , and that distinguishes the United States from a myriad of dictatorships with " parchment barriers " supposedly ...
... concerns centered less on individual rights than on the structure of divided and separated government that protected them , and that distinguishes the United States from a myriad of dictatorships with " parchment barriers " supposedly ...
12 페이지
... concerns were similar to those of the " legal process " school at Harvard , his vision was broader . In legal ... concerned with institutions , not partisan advantage.His father and grandfather were both rabbis ; his mother was described ...
... concerns were similar to those of the " legal process " school at Harvard , his vision was broader . In legal ... concerned with institutions , not partisan advantage.His father and grandfather were both rabbis ; his mother was described ...
13 페이지
... concerns , " Losses , Management , Finance , and Re- organization , " with parallel courses on Allocation of Risk and La- bor Law . When Douglas went to Washington instead of Chicago this design fell through , but Levi in 1936 joined ...
... concerns , " Losses , Management , Finance , and Re- organization , " with parallel courses on Allocation of Risk and La- bor Law . When Douglas went to Washington instead of Chicago this design fell through , but Levi in 1936 joined ...
목차
| 11 | |
Harry Kalven Jr | 79 |
Karl Llewellyn | 149 |
Philip Kurland | 193 |
Kenneth Culp Davis | 251 |
Conclusion | 305 |
Bibliography | 327 |
Table of Cases | 347 |
Index | 353 |
About the Author | |
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Administrative Law agencies Allen Amendment American Law Anastaplo antitrust attorney Blum Book Review Bork Brown Chicago Press Chief Justice Colum Committee common law Common Law Tradition Congress constitutional criminal critical Davis Dean decision declared discussion doctrine Edward Levi fact faculty federal Felix Frankfurter Folder Frankfurter Freund Harry Kalven Harv Henry Friendly Ibid institutions issues judges jurisprudence jury Karl Llewellyn Kenneth Culp Davis Kurland Papers later law and economics law professors Law Review Law School lawyers Learned Hand Legal Education legislative Levi Papers Levi's liberty limited Meltzer ment noted observed opinion Phil Neal Philip Kurland political President principle problems procedure published quoted Realism reason Robert Bork rulemaking rules Senate separation of powers society speech statute supra Supreme Court theory Thurman Arnold tion tort trial United University of Chicago University Press urged writing Yale L. J. York
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108 페이지 - There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
99 페이지 - Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.
210 페이지 - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
118 페이지 - One may not counsel or advise others to violate the law as it stands. Words are not only the keys of persuasion, but the triggers of action, and those which have no purport but to counsel the violation of law cannot by any latitude of interpretation be a part of that public opinion which is the final source of government in a democratic state.
126 페이지 - The vice of the present procedure is that, where particular speech falls close to the line separating the lawful and the unlawful, the possibility of mistaken factfinding — inherent in all litigation — will create the danger that the legitimate utterance will be penalized.
121 페이지 - The essential distinction is that those to whom the advocacy is addressed must be urged to do something, now or in the future, rather than merely to believe in something.
111 페이지 - Despotism is a legitimate mode of government in dealing with barbarians, provided the end be their improvement, and the means justified by actually effecting that end. Liberty, as a principle, has no application to any state of things anterior to the time when mankind have become capable of being improved by free and equal discussion.
228 페이지 - With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations.
119 페이지 - The fact that speech is likely to result in some violence or in destruction of property is not enough to justify its suppression. There must be the probability of serious injury to the State. Among free men, the deterrents ordinarily to be applied to prevent crime are education and punishment for violations of the law, not abridgment of the rights of free speech and assembly.
xiv 페이지 - While good men sit at home, not knowing that there is anything to be done, nor caring to know; cultivating a feeling that politics are tiresome and dirty, and politicians vulgar bullies and bravoes; half persuaded that a republic is the contemptible rule of a mob, and secretly longing for a splendid and vigorous despotism— then remember it is not a government mastered by...