Spirit of the Law: How Lawyers, Judges, Law Professors, and Legal Staff Bring Spirit to Work

Author(s):  
Pat McHenry Sullivan
Keyword(s):  
The Law ◽  
1976 ◽  
Vol 4 (3) ◽  
pp. 403-413
Author(s):  
Leila M. Foster

Behavioral science can be of assistance to the legal profession in (1) substantive development of the law from interdisciplinary contributions and (2) improvement of professional skills. A questionnaire sent to law professors teaching law and psychiatry and law and society courses reveals some of the innovative programs offered to some law students. Bar associations also are becoming interested in providing continuing education in this area. Professionals of both behavioral science and law should be encouraged to increase areas of communication between the disciplines.


Author(s):  
David FAVRE

The focus of this article is to track the progress that has been made on behalf of<br />animals within the legal institutions of the United States. While there is an obvious focus on<br />the adoption of new laws, there are many steps or changes that are necessary within broader<br />legal intuitions if substantial progress is to be made in the changing and enforcing of the<br />laws. For example, at the same time that legislatures must be convinced of the need for<br />change, so must the judges believe in the new laws, otherwise enforcement of the law will be<br />not forthcoming.<br />Besides the court and the legislature, legal institutions include law schools, legal publications,<br />and the various associations of lawyers and law professors. What is the visibility and<br />credibility of animal issues within these institutions? Without progress within all aspects of<br />the legal community, success on behalf of animals is not possible. We in the United States<br />have made progress, particularly in the past ten years, but we have much yet that needs to be<br />done. By charting the progress and lack of progress in the United States, the readers in<br />Brazil and other countries will have some landmarks by which to judge the progress of the<br />issue of animal rights/welfare within their own country.


Author(s):  
John V. Orth

This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England (1765–1769) and the series of lectures Blackstone delivered at Oxford from 1753, changed the way lawyers thought about the law. Blackstone’s Commentaries were read by more people, non-lawyers as well as lawyers, than any other English law book. Their influence is difficult to overstate, and extends into the twenty-first century. Almost as momentous was Blackstone’s influence on legal education. While gradual, the transfer of legal education from the law office and the courts to the university, which Blackstone pioneered, had an enormous impact on legal development, as law professors contributed to the formation of generations of lawyers and themselves came to play a significant role in legal development.


2017 ◽  
Vol 32 (1) ◽  
pp. 4-8
Author(s):  
John Witte

“CLS” was an acronym with two very different meanings when I was a fledgling law student some thirty-five years ago. For most, it meant “critical legal studies,” a burgeoning new movement of sundry neo-Marxist jurists and philosophers collectively bent on exposing the fallacies and false equalities of modern law. Many of my first-year law professors were the high priests of this CLS movement. They were making serious waves at the time with their denunciation of much that was considered sound and settled in the law. The best CLS professors taught black letter doctrine—and then shredded it with rhetorical and analytical power. That instruction appealed to my native ethic of semper reformanda—always reforming and working to improve our traditions. Other professors simply taught their pet critical topics, sending us students scrambling to the bookstore in search of study guides that would acquaint us with the legal basics. After a year of such CLS instruction, I could not wait to take the upper-level electives that would no doubt unveil the new and better legal system CLS had in mind. Little was on offer. The “crits,” I soon learned, were better at deconstruction than reconstruction of the law. Not surprisingly, this movement has now faded and fractured into sundry special interest groups.


Author(s):  
John W Cairns

This chapter examines the development of teaching from the chair of Public Law and the Law of Nature and Nations at the University of Edinburgh during the Scottish Enlightenment, with particular emphasis on the intellectual content of the classes and the politics of professorial appointments. For the first half-century, law teaching from the chair was intermittent. However, this does not mean that the holder was incapable or unlearned. When the holder of the chair did teach, the class was based on Hugo Grotius' De iure belli ac pacis libri tres. The chapter first provides an overview of legal education in Scottish universities before profiling the law professors who were appointed to the new chair between 1707 and 1831, including Charles Areskine, William Kirkpatrick, George Abercromby, Robert Bruce, James Balfour, Allan Maconochie, and Robert Hamilton. Robert Bruce was the last holder of the chair to teach Grotius' natural law.


2008 ◽  
Vol 26 (1) ◽  
pp. 122
Author(s):  
Theresa Shanahan

This paper considers the influence of academic restructuring associated with neo-liberal postsecondary policies on the culture of law schools and legal scholarship in Canada. It offers empirical data from a case study of the Faculty of Law at the University of British Columbia. This paper examines the impact of the changing Canadian political economy on the scholarship and culture at the law school and explores the implications for professional autonomy and academic freedom. The findings suggest that, at the time of data collection (2002-2004), the changing political economy had not (yet) affected the law school at the University of British Columbia in the same manner as other jurisdictions and disciplines described in the literature. The data shows that law professors who participated in the study experienced increasing pressures associated with corporatization, commodification and marketization in the larger university, however they consistently described high levels of academic freedom and professional autonomy over their work and scholarship. While there is some evidence of the transformation of academic culture associated with economic restructuring there is also evidence that law professors at this school have maintained control over the direction of their intellectual scholarship.Cet article se penche sur l’influence de la restructuration académique associée aux politiques postsecondaires néo-libérales sur la culture au sein des écoles de droit et sur les études juridiques au Canada. Il présente des données empiriques à partir d’une étude de cas de la Faculté de droit à l’Université de Colombie- Britannique. L’article examine l’impact de l’économie politique canadienne changeante sur l’érudition et la culture à l’école de droit et explore ce que cela implique pour l’autonomie professionnelle et la liberté de l’enseignement. Les résultats suggèrent qu’au moment de la collecte des données (2002-2004), l’économie politique changeante n’avait pas (encore) eut d’effet sur l’école de droit à l’Université de Colombie-Britannique de la même façon que dans d’autres secteurs et d’autres disciplines décrites dans la littérature. Les données indiquent que les professeurs de droit qui ont participé à l’étude sentaient des pressions croissantes associées à la corporatisation, la commercialisation et la marchandisation à l’université dans son ensemble, toutefois ils ont décrit régulièrement de hauts niveaux de liberté de l’enseignement et d’autonomie professionnelle par rapport à leur travail et leurs études. Quoiqu’il existe de l’évidence de la transformation de la culture académique associée à la restructuration économique, il y a aussi de l’évidence que les professeurs de droit de cette école ont maintenu le contrôle de l’orientation de leur travail intellectuel.


2006 ◽  
Vol 68 (1) ◽  
pp. 101-131
Author(s):  
James Bernard Murphy

Philosophers and lawyers have long argued about the relation of law to politics: “does the king make law” or “does law make the king”? This persistent debate stems from two different perspectives on the nature of law. Professors of law have long noted that laypersons tend to speak of “a law” and the “laws” while lawyers tend to speak more holistically of “the law.” After discussing how rival perspectives in legal theory can be compared and evaluated, several dimensions of this contrast between the lay and the lawyerly conceptions of law: the individuation of laws, the sources of law, the ethical and imperative aspects of law, and the nature of the rule of law are analyzed. The distinction between a lawyerly and a lay perspective on law is reflected in the traditional linguistic and conceptual distinction between ius and lex. Many of the classic philosophers of law, from Plato to Hobbes, are rank laymen when it comes to their descriptions of law since the lawyerly understanding of law has only very recently achieved philosophical articulation.


Author(s):  
John W Cairns

This chapter examines the establishment of legal education in the University of Glasgow in 1714 and its development over the next five decades. The University of Glasgow established a chair in Civil Law in 1713, gaining funding through an allocation by the Crown from ‘King William's Gift’. Although the University was allowed to appoint the first professor, the chair was thus a Regius Chair, with appointments thereafter made by the Crown. This was to cause problems for the law professors when they tried to ensure the appointment of candidates whom they favoured. The chapter considers why the University of Glasgow founded a chair in Law; how the first professor, William Forbes, came to be appointed and why he desired the position; his tenure of the chair; and the appointment and tenure of his two immediate successors, William Crosse and Hercules Lindesay.


2008 ◽  
Vol 25 (2) ◽  
pp. 92-122
Author(s):  
Tobias Barrington Wolff ◽  
Andrew Koppelman

In this article, Professors Wolff and Koppelman offer a critical analysis of the free speech claims that were asserted by the law schools and law faculty that sought to challenge the Solomon Amendment. Solomon is a federal statute that requires law schools to grant full and equal access to military recruiters during the student interview season. The military discriminates against gay men and lesbians under its “Don’t Ask, Don’t Tell” policy, and the law professors claimed a right to exclude the military under the First Amendment doctrine of “expressive association,” arguing that the presence of discriminatory recruiters would interfere with the ability of faculty to express their own message of inclusion toward their gay students. Those claims were ultimately rejected by the Supreme Court in Rumsfeld v. FAIR. Wolff and Koppelman argue that the law professors' litigation efforts, though well intentioned, were deeply misguided, seeking to extend a recent and aberrational decision in the law of expressive association to unsustainable lengths and, in the process, offering a characterization of the manner in which faculty engage in their own expression that is inconsistent with the ideals that should govern institutions of higher learning.


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