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Legal Process (jurisprudence)
The legal process school (sometimes "legal process theory") was a movement within American law that attempted to chart a third way between legal formalism and legal realism.Donald A. Dripps, ''Justice Harlan on Criminal Procedure: Two Cheers for the Legal Process School''3 Ohio St. J. Crim. L. 125, 126 (2005). Drawing its name from Hart & Sacks' textbook ''The Legal Process'' (along with Hart & Wechsler's textbook ''The Federal Courts and the Federal System'', considered a primary canonical text of the school), it is associated with scholars such as Herbert Wechsler, Henry Hart, Albert Sacks and Lon Fuller, and their students such as John Hart Ely and Alexander Bickel. The school grew in the 1950s and 1960s. To this day, the school's influence remains broad. Basic precepts *"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various que ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Formalism
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may underlie different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. The ultimate goal of that kind of formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically—from which the term "mechanical jurisprudence" comes. The antithesis of formalism is legal realism, which has been said to be " rhaps the most pervasive and accepted theory of how judges arrive at legal decisions." This descriptive conception of "legal formalism" can be extended to a normative theory, which holds that judges should decide cases by the appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Realism
Legal realism is a naturalistic approach to law. It is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced. Indeed, legal realism asserts that the law cannot be separated from its application, nor can it be understood outside of its application. As such, legal realism emphasizes law as it actually exists, rather than the law as it ought to be. Locating the meaning of law in areas like legal opinions issued by judges and their deference or dismissal of past precedent and the doctrine of '' stare decisis'', it stresses the importance of understanding the factors involved in judicial decision ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herbert Wechsler
Herbert Wechsler (December 4, 1913 – April 26, 2004) was an American legal scholar and former director of the American Law Institute (ALI). He is most widely known for his constitutional law scholarship and for the creation of the Model Penal Code. ''The Journal of Legal Studies'' has identified Wechsler as one of the most cited legal scholars of the 20th century. Early life Wechsler entered City College of New York at 16 and graduated in 1928, with a bachelor's degree in French. He enrolled at Columbia Law School, where he served as editor-in-chief of the ''Columbia Law Review'' and graduated in 1931. After graduation, he joined the faculty and took a one-year leave to clerk for Justice Harlan F. Stone of the US Supreme Court. Lawyer In 1940, Wechsler went to Washington, DC, to work for the Department of Justice. He argued five cases in front of the US Supreme Court during that period. During World War II, Wechsler served as assistant attorney general in charge of the W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry M
Henry may refer to: People *Henry (given name) *Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portugal, Henry of Burgundy, Count of Portugal (father of Portugal's first king) ** Prince Henry the Navigator, Infante of Portugal ** Infante Henrique, Duke of Coimbra (born 1949), the sixth in line to Portuguese throne * King of Germany **Henry the Fowler (876–936), first king of Germany * King of Scots (in name, at least) ** Henry Stuart, Lord Darnley (1545/6–1567), consort of Mary, queen of Scots ** Henry Benedict Stuart, the 'Cardinal Duke of York', brother of Bonnie Prince Charlie, who was hailed by Jacobites as Henry IX * Four kings of Castile: **Henry I of Castile **Henry II of Castile **Henry III of Castile **Henry IV of Castile * Five kings of France, spelt ''Henri'' in Modern French since the Renaissance to italianize the name and to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Albert Sacks
Albert Martin Sacks (August 15, 1920 – March 22, 1991) was an American lawyer and former Dean of Harvard Law School. Born in New York City to Jewish immigrants from Russia, he attended City College of New York graduating in 1940. After serving in World War II, he attended Harvard Law School, where he was president of the ''Harvard Law Review'', and graduated in 1948. He then served as a law clerk for judge Augustus N. Hand of the United States Court of Appeals for the Second Circuit and from 1949 to 1950 for Justice Felix Frankfurter of the Supreme Court of the United States. After working as an associate at Covington & Burling in Washington for two years, he joined the faculty of Harvard Law School in 1952 and served for 39 years. He succeeded Derek Bok as Dean of Harvard Law School in 1971. Sacks died at Massachusetts General Hospital in 1991. See also * List of law clerks of the Supreme Court of the United States (Seat 2) Law clerks have assisted the justices of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lon Fuller
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory. Fuller was a professor of Law at Harvard University for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts. His debate in 1958 with the prominent British legal philosopher H. L. A. Hart in the ''Harvard Law Review'' (Vol. 71) was important in framing the modern conflict between legal positivism and natural law theory. In his widely discussed 1964 book ''The Morality of Law'', Fuller argues that all systems of law contain an "internal morality" that imposes on individuals a presumptive obligation of obedience. Robert S. Summers said in 1984: "Fuller was one of the four most important American legal theorists of the last hundred years". Personal life Fuller was born in Hereford, Texas, and graduated from Stanford Law School. He started te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Hart Ely
John Hart Ely ( ; December 3, 1938 – October 25, 2003) was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death. From 1982 until 1987, he was the 10th Dean of Stanford Law School. As a third-year student at Yale Law School, Ely became a member of the legal team of Abe Fortas, contributing to the landmark ruling in ''Gideon v. Wainwright'' that required states to provide legal representation to those who could not afford their own. He continued his legal career as the youngest staff member of the much-scrutinized Warren Commission tasked with investigating the assassination of John F. Kennedy. After clerking for Justice Earl Warren, he would go on to study abroad and returned to take a modest position as a public defender before beginning his distinguished career in academia as a professor at Ya ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alexander Bickel
Alexander Mordecai Bickel (1924–1974) was an American legal scholar and expert on the United States Constitution. One of the most influential constitutional commentators of the twentieth century, his writings emphasize judicial restraint. Life and career Bickel was born on December 17, 1924, in Bucharest, Romania, to Jewish parents, Solomo and Yetta Bickel. The family immigrated to New York City in 1939. He graduated ''Phi Beta Kappa'' from City College of New York in 1947 and ''summa cum laude'' from Harvard Law School in 1949. Following law school, Bickel was a law clerk for federal judge Calvert Magruder of the United States Court of Appeals for the First Circuit. In 1950, he went to Europe as a law officer of the US State Department, serving in Frankfurt, Germany, and with the European Defense Community Observer Delegation in Paris. In 1952, he returned to the U.S., and clerked for Justice Felix Frankfurter of the Supreme Court in 1952 and 1953. He prepared a historic memo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Political Questions
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability, in the end, prevents the issue that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Textualism
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.Keith E. Whittington, Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (2001) . Definition The textualist will "look at the statutory structure and hear the words as they would sound in the mind of a skilled, objectively reasonable user of words." The textualist thus does not give weight to legislative history materials when attempting to ascertain the meaning of a text. Textualism is often erroneously conflated with originalism, and was advocated by United States Supreme Court Justices such as Hugo Black and Antonin Scalia; the latter staked out his claim in his 1997 Tanner Lecture: " tis the ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposivism
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in ''Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
