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Morton Horwitz
Morton J. Horwitz (born 1938) is an American legal historian and law professor at Harvard Law School. The recent past dean of Harvard Law School, Elena Kagan, relates that during her time at law school, students often nicknamed him as "Mort the Tort" since he taught the first-year subject Torts. Career Horwitz obtained an A.B. from the City College of New York (1959), an A.M. and Ph.D. from Harvard University (1962 and 1964), and an LL.B. from Harvard Law School (1967). He became an associate professor of law at Harvard Law School in 1970 and gained tenure as a full professor in 1974. In 1981, he was appointed the Charles Warren Professor of American Legal History. Transformation work His first book, ''The Transformation of American Law, 1780-1860'', was published in 1977, and is widely regarded as one of the most important books in modern American legal historiography. It won the Bancroft Prize, the preeminent prize in American history in the United States. A product of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner - more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bancroft Prize
The Bancroft Prize is awarded each year by the trustees of Columbia University for books about diplomacy or the history of the Americas. It was established in 1948, with a bequest from Frederic Bancroft, in his memory and that of his brother, diplomat and attorney, Edgar Addison Bancroft. The Bancroft Prize is considered one of the most distinguished academic awards in the field of history. The prize has been generally considered to be among the most prestigious awards in the field of American history writing. It comes with a $10,000 stipend (raised from $4,000 beginning in 2004). Seventeen winners had their work supported by the National Endowment for the Humanities, and 16 winners were also recipients of the Pulitzer Prize for History. The prize was affected by the post-award controversy involving the scholarship of Michael A. Bellesiles, who received the prize for his work in 2001. Following independent investigations, Columbia University rescinded the prize for the first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Induction (philosophy)
Inductive reasoning is a method of reasoning in which a general principle is derived from a body of observations. It consists of making broad generalizations based on specific observations. Inductive reasoning is distinct from ''deductive'' reasoning. If the premises are correct, the conclusion of a deductive argument is ''certain''; in contrast, the truth of the conclusion of an inductive argument is ''probable'', based upon the evidence given. Types The types of inductive reasoning include generalization, prediction, statistical syllogism, argument from analogy, and causal inference. Inductive generalization A generalization (more accurately, an ''inductive generalization'') proceeds from a premise about a sample to a conclusion about the population. The observation obtained from this sample is projected onto the broader population. : The proportion Q of the sample has attribute A. : Therefore, the proportion Q of the population has attribute A. For example, say there a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reason
Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, language, mathematics, and art, and is normally considered to be a distinguishing ability possessed by humans. Reason is sometimes referred to as rationality. Reasoning is associated with the acts of thinking and cognition, and involves the use of one's intellect. The field of logic studies the ways in which humans can use formal reasoning to produce logically valid arguments. Reasoning may be subdivided into forms of logical reasoning, such as: deductive reasoning, inductive reasoning, and abductive reasoning. Aristotle drew a distinction between logical discursive reasoning (reason proper), and intuitive reasoning, in which the reasoning process through intuition—however valid—may tend toward the personal and the subject ... [...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] |
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] |
Karl Llewellyn
Karl Nickerson Llewellyn (May 22, 1893 – February 13, 1962) was a prominent American jurisprudential scholar associated with the school of legal realism. ''The Journal of Legal Studies'' has identified Llewellyn as one of the twenty most cited American legal scholars of the 20th century. Biography Karl Llewellyn was born on May 22, 1893, in Seattle, but grew up in Brooklyn. He was the son of William Henry Llewellyn, a businessman of Welsh ancestry, and Janet George, a passionate suffragette and prohibitionist of Congregationalist conviction. He attended Boys High School. At the age of sixteen he was sent to study in Germany, at the Realgymnasium of Schwerin, where he spent three years and passed his '' Abitur'' (school-leaving examination) in the spring of 1911; he learned to speak an excellent German and was able later in life to publish in that language. After having attended the University of Lausanne for a brief time, in September 1911 he entered Yale College and in 1915 Ya ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roscoe Pound
Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was an American legal scholar and educator. He served as Dean of the University of Nebraska College of Law from 1903 to 1911 and Dean of Harvard Law School from 1916 to 1936. He was a member of Northwestern University, the University of Chicago Law School and the faculty at UCLA School of Law in the school's early years, from 1949 to 1952. ''The Journal of Legal Studies'' has identified Pound as one of the most cited legal scholars of the 20th century. Early life and education Pound was born in Lincoln, Nebraska to Stephen Bosworth Pound and Laura Pound. His sister was the noted linguist and folklorist, Louise Pound. Pound studied botany at the University of Nebraska in Lincoln, where he became a member of the Chi Phi Fraternity. He received his bachelor's degree in 1888 and his master's degree in 1889. In 1889 he began the study of law; he spent one year at Harvard but never received a law degree. Following his year at Ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Wendell Holmes, Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. He is one of the most widely cited U.S. Supreme Court justices and most influential American common law judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only 8 months younger when he retired on April 12, 2010. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capitalism
Capitalism is an economic system based on the private ownership of the means of production and their operation for Profit (economics), profit. Central characteristics of capitalism include capital accumulation, competitive markets, price system, private property, Property rights (economics), property rights recognition, voluntary exchange, and wage labor. In a market economy, decision-making and investments are determined by owners of wealth, property, or ability to maneuver capital or production ability in Capital market, capital and financial markets—whereas prices and the distribution of goods and services are mainly determined by competition in goods and services markets. Economists, historians, political economists and sociologists have adopted different perspectives in their analyses of capitalism and have recognized various forms of it in practice. These include ''Laissez-faire capitalism, laissez-faire'' or free-market capitalism, anarcho-capitalism, state capi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Class
A social class is a grouping of people into a set of Dominance hierarchy, hierarchical social categories, the most common being the Upper class, upper, Middle class, middle and Working class, lower classes. Membership in a social class can for example be dependent on education, wealth, occupation, income, and belonging to a particular subculture or social network. "Class" is a subject of analysis for List of sociologists, sociologists, political scientists, anthropologists and Social history, social historians. The term has a wide range of sometimes conflicting meanings, and there is no broad consensus on a definition of "class". Some people argue that due to social mobility, class boundaries do not exist. In common parlance, the term "social class" is usually synonymous with "Socioeconomic status, socio-economic class", defined as "people having the same social, economic, cultural, political or educational status", e.g., "the working class"; "an emerging professional class". H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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