Readings: Recent Episodes
Peter Horton
We now come to the only part of civil procedure about which you thought you knew something before starting law school. Trials are a familiar part of our general social knowledge. They have been the stuff of drama for centuries, and of the scriptures of several major religious traditions for millennia, in this tradition, trial, the culminating moment of every lawsuit, brings truth to light as witnesses blurt out surprising statements, or juries do justice in the face of apparently overwhelming adverse evidence. And when the verdict arrives, the case is over: Victors beam, losers slink away.
Robert M. Fogelson - Downtown_ Its Rise and Fall, 1880-1950-Yale University Press (2003)
Robert M. Fogelson - Bourgeois Nightmares_ Suburbia, 1870-1930-Yale University Press (2005)
Josh Sides - L.A. City Limits
African American Los Angeles from the Great Depression to the Present
(George Gund Foundation Book in African American Studies) (2004)
I. PERSISTENT QUESTIONS
I. Perplexities of Legal Theory
- Three Recurrent Issues 6
3· Definition I 3
II. LAWS, COMMANDS, AND ORDERS I8
I. Varieties of Imperatives I 8
- Law as Coercive Orders 20
III. THE VARIETY OF LAWS 26
I. The Content of Laws 27
- The Range of Application 42
3· Modes of Origin 44
IV. SOVEREIGN AND SUBJECT so
I. The Habit of Obedience and the
Continuity of Law 5 I
- The Persistence of Law 6I
3· Legal Limitations on Legislative Power 66
4· The Sovereign behind the Legislature 7 I
V. LAW AS THE UNION OF PRIMARY AND
SECONDARY RULES 79
I. A Fresh Start 79
- The Idea of Obligation 82
3· The Elements of Law 9I
VI. THE FOUNDATIONS OF A LEGAL
SYSTEM IOO
I. Rule of Recognition and Legal Validity IOO
- New Questions I IO
3· The Pathology of a Legal System I I 7
VII. FORMALISM AND RULE-SCEPTICISM I24
I. The Open Texture of Law I 24
- Varieties of Rule-Scepticism I 36
XII CONTENTS
3· Finality and Infallibility in Judicial
Decision I4I
4· Uncertainty in the Rule of Recognition I47
VIII. JUSTICE AND MORALITY ISS
I. Principles of Justice IS 7
- Moral and Legal Obligation I 67
3· Moral Ideals and Social Criticism I So
IX. LAWS AND MORALS ISS
- Natural Law and Legal Positivism ISS
- The Minimum Content of Natural Law I93
3· Legal Validity and Moral Value 200
X. INTERNATIONAL LAW 2I3
- Sources of Doubt 2 I 3
- Obligations and Sanctions 2 I 6
3· Obligation and the Sovereignty of States 220
4· International Law and Morality 227
S· Analogies of Form and Content 232
Transcendental Nonsense and the Functional Approach
Author(s): Felix S. Cohen
Source: Columbia Law Review, Vol. 35, No. 6 (Jun., 1935), pp. 809-849
Coercion and Distribution in a Supposedly Non-Coercive State
Author(s): Robert L. Hale
Source: Political Science Quarterly, Vol. 38, No. 3 (Sep., 1923), pp. 470-494
Joanna C. Schwartz
Recent police killings have prompted a national conversation about the need for police reform. Most of the conversation has concerned the types of reforms that might improve policing. Equal consideration should be given to which actors can most effectively pursue these reforms. In this Essay, I suggest three qualities that police reformers need in order to influence police behavior: sufficient leverage such that law enforcement will respond to their pressures, recommendations, or demands; sufficient motivation to engage in their reform efforts; and sufficient resources to do their work. I use this framework to assess the efficacy of those most commonly called upon to reform the police, propose strengthening reformers in the areas in which they are lacking, and suggest ways in which reformers might collaborate to draw on their comparative strengths.
Bruce H. Mann - Republic of Debtors_ Bankruptcy in the Age of American Independence (2003)
AN INTRODUCTION TO PROPERTY LAW IN THE U.S.
Steven Semeraro
Professor of Law
Thomas Jefferson School of Law
Wesley Newcomb Hohfeld, Some Fundamental Legal Conceptions as Applied in Judicial Reasoning, 23 Yale L.J. 16 (1913).
"In this commentary we explain how MFT allows us to reject equipotentiality in response to both questions yet still understand the substantial degree of “loose- ness” between ideologies (or political parties) and issue positions across the nations and historical eras documented in the articles cited by the editors. The key idea, as we said in our target article, is that moral foundations are just foundations; there is always a great deal of cultural construction necessary to connect specific issues, framed in culturally and historically variable ways, to the specific moral intuitions of any one individual. Nevertheless, the moral foundations can help explain why equipotentiality does not apply to political ideology. " (2009)
Moral rationality and intuition: An exploration of relationships between the Defining Issues Test and the Moral Foundations Questionnaire
Rebecca J. Glover, Prathiba Natesan, Jie Wang, Danielle Rohr, Lauri McAfee-Etheridge, Dana D. Booker, James Bishop, David Lee, Cory Kildare and Minwei Wu
Department of Educational Psychology, University of North Texas, Texas, USA