The Yale Law Journal, Volume 81, Part 2Yale Law Journal Company, 1972 - Electronic journals |
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Page 860
... rule , but the churchgoer is asserting a norma- tive rule . We might say that the sociologist's assertion of a social rule is true ( or warranted ) if a certain factual state of affairs occurs , that is , if the community behaves in the ...
... rule , but the churchgoer is asserting a norma- tive rule . We might say that the sociologist's assertion of a social rule is true ( or warranted ) if a certain factual state of affairs occurs , that is , if the community behaves in the ...
Page 864
... rule does this behavior con- stitute ? We cannot say either that it constitutes a social rule that babies must take off their bonnets , or a social rule that provides that they do not have that duty . We might be tempted to say that the ...
... rule does this behavior con- stitute ? We cannot say either that it constitutes a social rule that babies must take off their bonnets , or a social rule that provides that they do not have that duty . We might be tempted to say that the ...
Page 927
else something like induction from a set of restricted rules to a broad covering rule , but it does not reach beyond established rules . The second kind of hard case requires not a new legal rule but a new rule of law , and therefore ...
else something like induction from a set of restricted rules to a broad covering rule , but it does not reach beyond established rules . The second kind of hard case requires not a new legal rule but a new rule of law , and therefore ...
Contents
Legal Philosophy | 799 |
Legal Principles and the Limits of | 821 |
Social Rules and Legal Theory | 855 |
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action administrative admiralty agreement air transportation airlines Amendment American analysis ancillary jurisdiction applied argued argument Article bargaining cent certificates cigarette civil claims Code Congress constitutional contract corroboration cost-benefit analysis costs decision defendant discretion doctrine duty Dworkin economic educational effect employer enforcement environmental equal example fact fares federal Fourteenth Amendment H.L.A. Hart Hart IATA impact statement income individual Industrial infra interest investment issue judges judicial jurisdiction jury justice lawyers Learned Hand legal rules legislation limited LL.B mens rea ment moral negligence NEPA nicotine tax Norris-LaGuardia Act offense parties permafrost piggyback pipeline practice pretrial discovery principles problem procedure Professor of Law prohibition proposed prosecution question rape Rawls reason Section securities social rule standards Stat statute strict liability Supp supra note Supreme Court theory Theory of Justice tion trade union trial United YALE L.J.