University:
University of Pittsburgh
Course:
LCJS 1300 | Law and Politics
Academic year:

2023
Views:

180

Pages:

2
Author:

mns81

The Nightmare and the Noble Dream Reading American Jurisprudence Through English Eyes: The Nightmare and The Noble Dream • American Jurisprudence ○ Henry James says "the seer of great cities is liable to easy error, I know when he finds this, that or the other caught glimpse the supremely significant one" § European observers tempt to characterize some American life ○ Characterize American Jurisprudence: § The general nature of law § It is marked by a concentration, on the judicial process □ What courts do and should do □ How judges reason and should reason in deciding particular cases American Jurists Say: • Justice Oliver Wendell Holmes: ○ The prophecies of what the courts will do in fact, and nothing more pretentious is what I mean by the law • John Chipman Gray: ○ The law of the state or of any organized body of men is composed of the rules which the courts, that is the judicial organs of that body, lay down for the determination of legal rights and duties • Karl Llwellyn: ○ What these officials do about disputes is to my mind the law itself. • Professor Jaffe: ○ What is the function of the judiciary in a democratic state, was tearing at the vitals of American law faculties. The Role the Courts Play in the United States: • The United States Supreme Court play a great role in ○ What is the function of the judiciary in a democratic state, was tearing at the vitals of American law faculties. The Role the Courts Play in the United States: • The United States Supreme Court play a great role in American Government ○ Scarcely any political question arises in the United States that is not resolved sooner or later into a judicial question • There are two things that have secured for the Supreme Court: ○ The Supreme Court's own decision that it had power to review and declare unconstitutional and so invalid enactments of Congress as well as of the state legislatures ○ Its doctrine that the clause of the fifth amendment and the later fourteenth amendment, providing that no person should be deprived of life, liberty, or property without due process of law, referred not merely to matters of form or procedure but also to the content of legislation. § Substantive Due Process • Substantive Due Process: ○ Secured for the power of review a vast scope and set the American courts afloat on a sea of controversial value judgements ○ The courts were doing something very different from what conventional legal though in all countries conceives as the standard judicial function § the impartial application of determinate existing rules of law in the settlement of disputes.

The Nightmare and the Noble Dream Reading

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