Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Judicial Legislation: A Study of American Legal Theory

Judicial Legislation: A Study of American Legal Theory BOOK REVIEWS 129 This is especially true as to his well known article 'Legal Fictions'." In recent years, natural law, especially Neo-Thomism, has played a large role. The au­ thor makes clear his preference for realism over natural law. He points out, however, that often both groups will arrive at the same practical results. But in some cases, there will be a difference as "the advocates of Natural Law have a disposition to regard their own preferences as universal truths." The sixth section discusses the relations between jurisprudence and sociology. "Some of the most forward-looking proponents for bringing together law and sociology were Herman Oliphant, Walter Wheeler Cook, Hessel E. Yntema, and Underhill Moore." Reference is made to the work of the Johns Hopkins Institute of Law and the Yale Law School. The work of Underhill Moore is described in considerable detail. He discusses the writings of Lasswell and McDougal. He concludes that little has been done to carry out their program as set. forth in their article "Legal Education and Public Policy," 52 Yale L. J. (1943) 203. Their program as set out in 56 Yale L. J. (1947) 1345 "is even in a higher degree stamped with http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Judicial Legislation: A Study of American Legal Theory

American Journal of Comparative Law , Volume 4 (1) – Jan 1, 1955

Loading next page...
 
/lp/oxford-university-press/judicial-legislation-a-study-of-american-legal-theory-aZkNqbWjXa

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Oxford University Press
Copyright
© 1955 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837058
Publisher site
See Article on Publisher Site

Abstract

BOOK REVIEWS 129 This is especially true as to his well known article 'Legal Fictions'." In recent years, natural law, especially Neo-Thomism, has played a large role. The au­ thor makes clear his preference for realism over natural law. He points out, however, that often both groups will arrive at the same practical results. But in some cases, there will be a difference as "the advocates of Natural Law have a disposition to regard their own preferences as universal truths." The sixth section discusses the relations between jurisprudence and sociology. "Some of the most forward-looking proponents for bringing together law and sociology were Herman Oliphant, Walter Wheeler Cook, Hessel E. Yntema, and Underhill Moore." Reference is made to the work of the Johns Hopkins Institute of Law and the Yale Law School. The work of Underhill Moore is described in considerable detail. He discusses the writings of Lasswell and McDougal. He concludes that little has been done to carry out their program as set. forth in their article "Legal Education and Public Policy," 52 Yale L. J. (1943) 203. Their program as set out in 56 Yale L. J. (1947) 1345 "is even in a higher degree stamped with

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1955

There are no references for this article.