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Advertisement Hide. This is a preview of subscription content, log in to check access. Google Scholar. Chapters 3 and 4 of Professor Albert W. The Life, Work, and Legacy of Justice Holmes , are replete with interesting quotations to this effect. The Russian writer S. See, for instance, Ann Wroe, Pontius Pilate , passim. Surprised by Sin. The Reader in Paradise Lost 2nd ed. I thus have much sympathy with Professor A. Of course, they should agree; but of they do not then the demonstration must carry the day.

The Reader in Paradise Lost Preface to the 2nd ed. Themes, apparently, explored by Joseph Anthony Wittreich in Why Milton Matters: A New Preface to his Writings , a book which appeared too late for proper consideration in this work. Especially literature, which has given rise to an increasing number of monographs. Rockwood ed. In the USA there is also at least one journal which is devoted to these two subjects, the appropriately named Cardozo Studies in Law and Literature.

The interest is only slowly beginning to catch the imagination of European jurists.

The Faustian Agreement in Greek. Sinclair O. Andrei Siniavskii, On Socialist Realism , p. In Master and Margarita For further details and references , see J. As to how similar their hermeneutic techniques are I leave for another occasion, not least since this aspect of the two subjects has already been discussed by many others before me. See, for instance, Sanford Levinson and Steven Mailloux eds. Butler Book IV, ii, The late Professor Karl N.

Lucy, Lady Duff-Gordon, N. In the same piece, Llewellyn also showed us how he could reach the opposite result by simply altering the way the facts were presented. Common law judgments, more so than the civilian, thus give a gifted judge the opportunity to display high style. For an excellent account, which also brings into play the Roman example mentioned in the text, see, Willem J. Bruce L. Rockwood , ff. One only has to think of cases such as Brown v.

American Law: History and Origins

Board of Education US ; 74 S. The contrast with England is, in this context, notable for the 19th century produced some of the greatest Common law judges.

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The literature on their lives, background, work, and long term influence is rich but I still think that the general reader will find few that surpass Mr. I say nothing here about the judgments of European courts since, in their drafting, they obey different rules, often fashioned by historical exigencies.

On the whole, these are not conducive to an end product that presents aesthetic merits, even though it requires considerable skill and experience if it is to be drafted properly. See Anon Y. In the form of legislative drafting we find in the French Civil Code of excellent examples of fine literary style. CrossRef Google Scholar. I am grateful to my former pupil and now young colleague Dr Anthony Karampatzos for reminding me of this quotation. Lines ff.

Thus sharing the views of, among others, Professors G. Possibilities and Perspectives , pp. Thus, see: Law and Literature, 2nd ed. Ruthven, Critical Assumptions , p.


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Law and Literature, 2nd ed. The power of the prose also makes us forget the limits of the moral permissibility of sterilization. More cautiously phrased and thus more thoughtful is Professor Richard S. Legitimate Legal Argument and Constitutional Interpretation , pp. Holmes made this theory his own in his most celebrated judgment in Lochner vs.

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The Ages of American Law

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