Author: John Chipman GrayPublisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 366
Book Description
The Nature and Sources of the Law
Author: John Chipman GrayPublisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 366
Book Description
John Chipman Gray
Author: Gerald Paul MoranPublisher:
ISBN: 9781594603983
Category : Law teachers
Languages : en
Pages : 0
Book Description
John Chipman Gray plays an unusual role in the study of the law of property. The impact of his scholarly effort continues today from and through the prism of his defining scholarship on the historical origin of the so-called enigmatic Rule against Perpetuities (RAP). His book on the RAP, first published in 1886, became the most authoritative guide on this decidedly complex inheritance of the English common law. His formulaic condensation of the RAP became a foreboding juggernaut for law students to comprehend for more than a century. His scholarship and enduring hegemony on the interpretation and aggressive enforcement of this sacrosanct RAP of property law eventually led to the demands for elimination of some of the excesses of his ensconced articulation of the RAP during the latter part of the Twentieth Century. Most of that action was foreordained by the highly critical and equally humorous scholarship of Professor W. Barton Leach. It was only a matter of time before the academy agreed to provide some revision to lessen the harshness of Gray''s RAP by action of the American Institute of Law and then later by the National Conference of Commissioners. All of these factors led the author into the study of the life and career of John Chipman Gray. He was without doubt one of the Giants of the Harvard Law School during the period when the metaphysical structure of the traditional modern American law school were designed and implemented. The personal experiences and the cultural influences on Professor Gray greatly shaped his perception of the role and function of law in society. Professor Gray was not just a law professor and scholar extraordinaire, but also a founding member of one of the most prestigious law firms of the country--Ropes & Gray--as well as a quintessential Brahmin. He was also directly involved in the Civil War and a half brother of Justice Horace Gray, Jr. These factors reveal an uncommon man passionately engaged in matters of the public forum, who oddly did not seek notoriety, and was at his core a very private person. Lastly, the book provides a special chapter designed to reduce some of the mysticism generally associated with the study of the RAP for students of today. "The name ''John Chipman Gray'' has evoked terror in generations of attorneys... Gray''s famous Rule now lays gravely ill, the victim of an admirable desire for efficiency and a less-than-admirable desire of wealthy clients to reach for immortality, of lawyers and trust companies to make money by abetting them, and by state legislatures happy to race to the bottom. Gerald Moran tells the story of the Rule with verve, but goes far beyond that. His book is a fascinating guide to a towering figure of a formative period in American law. It also has astute observations about the manners, mores, and intellectual climate that shaped our times. I recommend it to lawyers and general readers alike." -- Steven J. Eagle, Professor of Law, George Mason University School of Law "As Professor Moran describes (and as generations of law students came to learn), Gray is the Rule Against Perpetuities. Moran''s biographical essay elegantly traces the personal, family, cultural, social, and professional influences that worked to shape Gray''s approach to the Rule. He thoroughly describes the obvious tension (indeed, contradiction) between Gray the inchoate Realist lawyer and Gray the successful academic purveyor of arid conceptualism. His exploration usefully demonstrates the central importance of the relationship between legal rules and the character and personalities of those who devise and explain the rules. Moran lucidly shows the degree to which the ideology that shapes legal rules is in turn shaped by the personalities and experience of the rule-makers. The result is a thoughtful and thought-provoking exploration of the life, character, and times of an important scholar whose doctrinal influence still endures. Moran''s insightful and sympathetic discussion of Gray''s life and of the influence of that life on legal doctrine is an important and valuable contribution to our own understanding of how legal doctrine develops." -- Charles G. Hallinan, Professor of Law, University of Dayton School of Law "This exciting text breathes new life into the scholarly discussion of the rule against perpetuities. Professor Moran''s contextual approach sheds important light on John Chipman Gray''s explanation of the rule, and contemporizes the debate on the rule''s future efficacy." -- Blake D. Morant, Dean, Wake Forest University School of Law "Moran''s biographical essay succeeds in capturing the relationship between John Chipman Gray''s life experiences and his most notable contributions to property law -- the Rule Against Perpetuities. ... [I]ndividuals seeking either a comprehensive discussion of the RAP or an understanding of John Chipman Gray will benefit from this work." -- The Law and Politics Book Review
Restraints on the Alienation of Property
Author: John Chipman GrayPublisher: BoD – Books on Demand
ISBN: 3385347114
Category : Fiction
Languages : en
Pages : 238
Book Description
Reprint of the original, first published in 1883.
John Chipman Gray
Author: Roland GrayPublisher:
ISBN:
Category : Law teachers
Languages : en
Pages : 186
Book Description
The Rule Against Perpetuities
Author: John Chipman GrayPublisher:
ISBN:
Category : Perpetuities
Languages : en
Pages : 548
Book Description
The Nature and Sources of the Law by John Chipman Gray
Author: John Chipman GrayPublisher: Routledge
ISBN: 0429516568
Category : Law
Languages : en
Pages : 235
Book Description
First published in 1909 and then again in 1997. John Chipman Gray (1839-1915) spent the greater part of his professional life as a professor at Harvard Law School where he taught property, trusts and future interests. The Nature and Sources of the Law was first published in 1909. The book is divided into two parts which respectively look at 'Nature' and 'Sources'. In Part I, Gray warns that the study of jurisprudence, in isolation, could lead to dogmatism. Rather he advocates the structure offered by common law with its reliance on flexible interpretations of statutes, the use of all relevant cultural inputs and a highly adaptable approach to the resolution of disputes. Gray, in Part II, turns his attention to sources of the law and begins with statutes. Here he asserts that judges are the ones who actually turn into law, going against the conventional scholarship that judges merely interprets statutes. He also extensively examines the influence of tradition and the common law.
American Legal Realism
Author: William W. Fisher, IIIPublisher: OUP USA
ISBN: 9780195071238
Category : Law
Languages : en
Pages : 344
Book Description
A comprehensive, in-depth discussion of the most influential movement in American legal history, and one which remains more than fifty years later the subject of lively debate, this collection of readings, written largely between 1900 and 1940, includes works from prominent writers on the subject that have never before been generally available. Introduced and edited by noted scholars in the field, the anthology includes such contributors as Oliver Wendell Holmes, James Thayer, Roscoe Pound, John Chipman Gray, Wesley Hohfeld, Karl Llewellyn, Arthur Corbin, Nathan Issacs, Robert Hale, Harold Laski, Max Radin, and others. With concise biographical notes as well as introductions to provide historical context, each selection addresses a different debate involving Legal Realism. Included is a selective bibliography, making the text valuable to a broad range of scholars.
The Canon of American Legal Thought
Author: David KennedyPublisher: Princeton University Press
ISBN: 0691186421
Category : Law
Languages : en
Pages : 936
Book Description
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Instrumentalism and American Legal Theory
Author: Robert S. SummersPublisher:
ISBN:
Category : Law
Languages : en
Pages : 304
Book Description
Machine Ethics and Robot Ethics
Author: Wendell WallachPublisher: Routledge
ISBN: 1000151972
Category : Philosophy
Languages : en
Pages : 765
Book Description
Once the stuff of science fiction, recent progress in artificial intelligence, robotics, and machine learning means that these rapidly advancing technologies are finally coming into widespread use within everyday life. Such rapid development in these areas also brings with it a host of social, political and legal issues, as well as a rise in public concern and academic interest in the ethical challenges these new technologies pose. This volume is a collection of scholarly work from leading figures in the development of both robot ethics and machine ethics; it includes essays of historical significance which have become foundational for research in these two new areas of study, as well as important recent articles. The research articles selected focus on the control and governance of computational systems; the exploration of ethical and moral theories using software and robots as laboratories or simulations; inquiry into the necessary requirements for moral agency and the basis and boundaries of rights; and questions of how best to design systems that are both useful and morally sound. Collectively the articles ask what the practical ethical and legal issues, arising from the development of robots, will be over the next twenty years and how best to address these future considerations.