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3. How the Written Constitution Crowds out the Extraconstitutional Rule of Recognition

MICHAEL C. DORF

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the existence of the written Constitution crowds out arguments rooted in the customs of nonjudicial government. It offers support for the existence of the phenomenon, but ... More


The Theory of Rules

Karl N. Llewellyn

Fredrick Schauer (ed.)

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226487953
eISBN:
9780226487977
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226487977.001.0001
Subject:
Law, Philosophy of Law

Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn's thinking was ... More


Pericles and the Plumber

William Twining

in Law in Context: Enlarging a Discipline

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264835
eISBN:
9780191682810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264835.003.0012
Subject:
Law, Philosophy of Law

There are numerous complexities surrounding lawyer education. This chapter offers a prolegomena (a preliminary discussion to the topic) to a collection of interrelated observations which should be ... More


Karl Llewellyn and the Modern Skills Movement *

William Twining

in Law in Context: Enlarging a Discipline

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264835
eISBN:
9780191682810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264835.003.0018
Subject:
Law, Philosophy of Law

Legal education in the common law world positions skills and competency high on the agenda of debates. The increase in interest in the common law world outside North America is called ‘the Gold Rush’ ... More


Reconstructing American Legal Realism & Rethinking Private Law Theory

Hanoch Dagan

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199890699
eISBN:
9780199367689
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890699.001.0001
Subject:
Law, Philosophy of Law

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can ... More


Everything Flows and Nothing Abides: The Realist Turn to Social Science

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0004
Subject:
Law, Philosophy of Law

This chapter discusses the realist adoption of social science, starting with the definition of legal realism by Karl Llewellyn. Llewellyn's description of the realist approach is then related to the ... More


Epilogue Americanization & Welsh Identity

Ronald L. Lewis

in Welsh Americans: A History of Assimilation in the Coalfields

Published in print:
2008
Published Online:
July 2014
ISBN:
9780807832202
eISBN:
9781469605814
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807887905_lewis.14
Subject:
History, Economic History

In conclusion, this book discusses the reasons why most Welsh emigrants went to America—and it was not to preserve their Welsh identity. They did, however, transplant much of their culture with them. ... More


Realism

Frederic R. Kellogg

in Oliver Wendell Holmes Jr. and Legal Logic

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226523903
eISBN:
9780226524061
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226524061.003.0006
Subject:
Law, Legal History

Holmes's thought is distinguished from the dominant assumptions of legal realism. His theory has roots in Mill’s radical empiricism in A System of Logic, viewing abstraction as grounded in particular ... More


Our Situational Concepts

in The Theory of Rules

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226487953
eISBN:
9780226487977
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226487977.003.0010
Subject:
Law, Philosophy of Law

This chapter discusses the idea of “situational concepts” that was to play a significant role in the later writings of Karl N. Llewellyn. The advantages of decreasing the ideal scheme to its baldest ... More


Blueprints for International Criminal Courts and Their Political Rejection in the 1920s

Mark A. Lewis

in The Birth of the New Justice: The Internationalization of Crime and Punishment, 1919-1950

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660285
eISBN:
9780191757716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660285.003.0005
Subject:
History, European Modern History, Political History

At the Paris Peace Conference, liberal internationalists maintained that the international system could be regulated by a new League of Nations and an international court to settle political ... More


Santi Romano and the Juristic Point of View

Mariano Croce and Marco Goldoni

in The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati

Published in print:
2020
Published Online:
January 2021
ISBN:
9781503612112
eISBN:
9781503613126
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9781503612112.003.0003
Subject:
Law, Legal History

Chapter title: Santi Romano and the Juristic Point of ViewChapter abstract: This chapter illustrates Romano’s groundbreaking theory by presenting his conceptions of institutionalism and pluralism as ... More


The Sedition Act and the Assault on Freedoms of Press and Speech: The Missing Half of the Sedition Act Cases

Wendell Bird

in Press and Speech Under Assault: The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190461621
eISBN:
9780190461980
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190461621.003.0007
Subject:
History, American History: early to 18th Century, Political History

Chapter 7 locates twenty-two unrecognized prosecutions of newspaper editors, political leaders, and others under the Sedition Act of 1798, and corroborates their occurrence in court records. That ... More


John Logan’s Peter and Alice (2013)

Kathleen Riley

in Imagining Ithaca: Nostos and Nostalgia Since the Great War

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198852971
eISBN:
9780191887390
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198852971.003.0017
Subject:
Classical Studies, Literary Studies: Classical, Early, and Medieval

This chapter investigates the particular kind of nostalgia at the heart of John Logan’s Peter and Alice, a play inspired by the brief real-life meeting in 1932 between Alice Liddell Hargreaves and ... More


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