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Law’s Practical Theory

Joseph P. Tomain

in Creon's Ghost: Law, Justice, and the Humanities

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195333411
eISBN:
9780199868841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333411.003.0006
Subject:
Law, Philosophy of Law

This chapter examines Oliver Wendell Holmes Jr's speech, The Path of the Law. Holmes intended to be provocative in his speech when he wrote, “I often doubt whether it would not be a gain if every ... More


Theoretical Implications

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0017
Subject:
Philosophy, Political Philosophy

This chapter examines more restrictive theories of rule guidance, including those of legal formalists such as Larry Alexander and Frederick Schauer, and that of an exclusive positivist, Scott J. ... More


Introduction

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0001
Subject:
Law, Constitutional and Administrative Law

In Marbury v. Madison, Chief Justice John Marshall justified the judiciary's exercising the authority to disregard a statutory command when, in the judges' opinion, that command contravenes the ... More


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