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Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science, that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world.
Ronald Myles Dworkin was an American legal philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in The Journal of Legal Studies, Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He may well head the list."
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 be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice.
Felix Frankfurter was an Austrian-born American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicial restraint in its judgements.
Oliver Wendell Holmes Jr. was an American jurist and legal scholar who served as an associate justice of the U.S. Supreme Court from 1902 to 1932. Holmes is one of the most widely cited Supreme Court justices and among the most influential American 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. 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 alma mater, Harvard Law School. His positions, distinctive personality, and writing style made him a popular figure, especially with American progressives.
Benjamin Nathan Cardozo was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style.
Sir Frederick Pollock, 3rd Baronet PC, FBA was an English jurist best known for his History of English Law before the Time of Edward I, written with F.W. Maitland, and his lifelong correspondence with US Supreme Court Justice Oliver Wendell Holmes. He was a Cambridge Apostle.
Horace Gray was an American jurist who served on the Massachusetts Supreme Judicial Court, and then on the United States Supreme Court, where he frequently interpreted the Constitution in ways that increased the powers of Congress. Noted for possessing a sharp mind and an enthusiasm for legal research, he was also a staunch supporter of the authority of precedent throughout his career.
Guido Calabresi is an Italian-born American legal scholar who serves as a Senior circuit judge of the United States Court of Appeals for the Second Circuit. He is a former Dean of Yale Law School, where he has been a professor since 1959. Calabresi is considered, along with Ronald Coase and Richard Posner, a founder of the field of law and economics.
John Hart Ely was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death. From 1982 until 1987, he was the 9th dean of Stanford Law School.
Jeremy Waldron is a New Zealand professor of law and philosophy. He holds a University Professorship at the New York University School of Law, is affiliated with the New York University Department of Philosophy, and was formerly the Chichele Professor of Social and Political Theory at All Souls College, Oxford University. Waldron also holds an adjunct professorship at Victoria University of Wellington. Waldron is regarded as one of the world's leading legal and political philosophers.
Hans Arthur Linde was a German Jewish American legal scholar who served as a justice of the Oregon Supreme Court from 1977 to 1990.
Mark Victor Tushnet is an American legal scholar. He specializes in constitutional law and theory, including comparative constitutional law, and is currently the William Nelson Cromwell Professor of Law at Harvard Law School. Tushnet is identified with the critical legal studies movement.
Mari J. Matsuda is an American lawyer, activist, and law professor at the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa. She was the first tenured female Asian American law professor in the United States, at University of California, Los Angeles (UCLA) School of Law in 1998 and one of the leading voices in critical race theory since its inception. Matsuda returned to Richardson in the fall of 2008. Prior to her return, Matsuda was a professor at the UCLA School of Law and Georgetown University Law Center, specializing in the fields of torts, constitutional law, legal history, feminist theory, critical race theory, and civil rights law.
Bruce Arnold Ackerman is an American legal scholar who serves as a Sterling Professor at Yale Law School. In 2010, he was named by Foreign Policy magazine to its list of top global thinkers. Ackerman was also among the unranked bottom 40 in the 2020 Prospect list of the top 50 thinkers for the COVID-19 era.
Louise Weinberg is an American legal scholar. She is known for her writings on legal theory, due process, and choice of law, and for her groundbreaking 1994 book, a 1200-page study on judicial federalism and judicial power.
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.
Allison Lynn Hartwell Eid is a United States circuit judge of the United States Court of Appeals for the Tenth Circuit. She previously served as an associate justice of the Colorado Supreme Court.
Maeva Marcus is the director of the Institute for Constitutional Studies and a research professor of law at George Washington University Law School. She received her Ph.D. in history from Columbia University in 1975. Her dissertation, Truman and the Steel Seizure Case: the Limits of Presidential Power, published by the Columbia University Press and reissued by Duke University Press, was nominated for the Bancroft Prize, the Pulitzer Prize, and several other prestigious awards.
References
- 1 2 3 4 5 "G. Edward White". University of Virginia School of Law. 2016-07-22. Retrieved 2021-11-20.
- 1 2 3 "George E. White And Susan Davis Will Be Married; Doctoral Candidate at Yale Is the Fiance of Ex-Boston Student". timesmachine.nytimes.com. September 18, 1966. Retrieved 2021-11-20.
- ↑ "Championing the Rebirth of Constitutional History" (PDF). Virginia Journal. 1999.
- 1 2 3 4 "G. Edward White". American Academy of Arts & Sciences. Retrieved 2021-11-20.
- ↑ "Brian Leiter's Law School Reports". leiterlawschool.typepad.com. Retrieved 2021-11-29.
- ↑ "About Susan Davis White". Family Collaborative Law. Retrieved 2021-11-20.