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Form and Substance in Private Law Adjudication
This article is an inquiry into the nature and interconnection of the different rhetorical modes found in American private law opinions, articles and treatises. I argue that there are two opposedExpand
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Freedom and Constraint in Adjudication: A Critical Phenomenology.
ly than appeals to the raw equities immanent in "the facts." Policy argument is "second order" in relation to rule application or argument from precedent. It presupposes conscious choice about howExpand
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Legal Education and the Reproduction of Hierarchy.
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The New Law and Economic Development: Three Globalizations of Law and Legal Thought: 1850–2000
The study of law and development began with a particular positioning of its two terms, “law” in relation to “development.” The question was how legal reform might contribute to the takeoff intoExpand
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Stages of the Decline of the Public/Private Distinction
Success for a legal distinction has two facets. First, it must be possible to make the distinction: people must feel that it is intuitively sensible to divide something'between its poles, and thatExpand
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The Critique of Rights in Critical Legal Studies
This piece presents a critique, developed by a faction of the group that called itself critical legal studies, of rights as they figure in legal and general political discourse. This rights critique,Expand
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Savigny's Family/Patrimony Distinction and its Place in the Global Genealogy of Classical Legal Thought
This Article begins with a close analysis of the distinction between family law and patrimonial law that Savigny developed in the chapter of his System of Modern Roman Law laying out the structure ofExpand
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A Semiotics of Legal Argument
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