Many young LTB readers may not be aware of the profound impact of CLS`s criticism of the Harvard School of Legal Procedure. An important moment, captured. Highly recommended. Download it while it`s hot! This article elaborates on the schema of “institutional competencies” underlying Hart and Sacks` famous legal process documents, which were first distributed as mimeographed final data in 1958. The papers were not published during their authors` lifetime, but nonetheless had a major impact on American legal thought from their initial release as course material at Harvard Law School until their precipitous fall in the early 1970s. The documents offer the system as a solution to the apparent anomaly in a democracy that legislative power in public and private law is exercised by unelected judges with long terms. The paper criticizes the rigid solution, called “reasoned elaboration” legislation, which they said was very different from legislation or administrative decree. The article argues that in both public and private law, the documents that the court must prepare are characterised by contradictory internal logics. The judge must choose between them without metacriteria. In high-stakes cases, extra-legal normative orientations, whether moral theories or political ideologies, come into play, whether or not the judge has undertaken to exclude them. The second part of the essay places Hart and Sacks in a broader historical and comparative context of efforts to solve the problem of social order through legal rationality.
These two parts were preceded in the original article by a lengthy, now lost, but never very satisfactory, discussion of the Hart and Sacks theory of “private order” in relation to the regulatory power of government. I wrote the article in the spring of 1970 when I was a third-year student at Yale Law School. I corrected a few typos but didn`t change them in any other way. I never published it, but it was circulated to some extent among supporters of the judicial process. Eskridge and Frickey, editors of the documents as they were finally published in 1994, as well as another unpublished student work by Roberto Unger, credit him with accelerating the decline of materials as master texts. The first part of this version of the article was recently published in Droit et Philosophie, n° 13, pp. 97-117 (2021). Learn more about this | seller Contact this seller Book description Condition: New.
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“Hughes in “The Writing on the Wall” by Gross| Main | Lanham in “The Gun, the Ship, and the Pen” by Colley » Discover more of the author`s books, see similar authors, read author blogs, and more. Download the free Kindle app and instantly read Kindle books on your smartphone, tablet, or computer, no Kindle device required. Learn more. This particular ISBN edition is currently not available.