The Common Law Tradition: A Collective Protrait Of Five Legal Scholars

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Transaction Publishers - Počet stran: 367
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The Common Law Tradition examines the lives and achievements of five individuals who helped broaden the perspectives of the legal academy - Edward H. Levi, Harry Kalven, Jr., Karl Llewellyn, Philip Kurland, and Kenneth Culp Davis - and assesses the extent to which their immediate agendas were realized. What distinguished these men is that their work was practical and rooted in the law, and hence yielded concrete applications. The groups diversity, the tolerant atmosphere in which they taught and wrote, and the attachment of its individual members to empirical approaches differentiate them from todays legal scholars and make their ideas of continuing importance.

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Obsah

Edward H Levi
11
Harry Kalven Jr
79
Karl Llewellyn
149
Philip Kurland
193
Kenneth Culp Davis
251
Conclusion
305
Bibliography
327
Table of Cases
347
Index
353
About the Author
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Strana 108 - There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
Strana 99 - Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.
Strana 210 - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
Strana 118 - One may not counsel or advise others to violate the law as it stands. Words are not only the keys of persuasion, but the triggers of action, and those which have no purport but to counsel the violation of law cannot by any latitude of interpretation be a part of that public opinion which is the final source of government in a democratic state.
Strana 126 - The vice of the present procedure is that, where particular speech falls close to the line separating the lawful and the unlawful, the possibility of mistaken factfinding — inherent in all litigation — will create the danger that the legitimate utterance will be penalized.
Strana 121 - The essential distinction is that those to whom the advocacy is addressed must be urged to do something, now or in the future, rather than merely to believe in something.
Strana 111 - Despotism is a legitimate mode of government in dealing with barbarians, provided the end be their improvement, and the means justified by actually effecting that end. Liberty, as a principle, has no application to any state of things anterior to the time when mankind have become capable of being improved by free and equal discussion.
Strana 228 - With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations.
Strana 119 - The fact that speech is likely to result in some violence or in destruction of property is not enough to justify its suppression. There must be the probability of serious injury to the State. Among free men, the deterrents ordinarily to be applied to prevent crime are education and punishment for violations of the law, not abridgment of the rights of free speech and assembly.
Strana xiv - While good men sit at home, not knowing that there is anything to be done, nor caring to know; cultivating a feeling that politics are tiresome and dirty, and politicians vulgar bullies and bravoes; half persuaded that a republic is the contemptible rule of a mob, and secretly longing for a splendid and vigorous despotism— then remember it is not a government mastered by...

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