Chapter

Finding Faith in Reason

Neil Duxbury

in Patterns of American Jurisprudence

Published in print July 1997 | ISBN: 9780198264910
Published online March 2012 | e-ISBN: 9780191682865 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264910.003.0005
Finding Faith in Reason

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This chapter illustrates that the quest for principle in American jurisprudence ought not to be regarded merely as a response to realism. It specifically attempts to make sense of process jurisprudence. It needs to determine the emergence of another basic concept in American legal thought: the concept of principle. Henry Hart and Albert Sacks' The Legal Process is the classic text of post-war process jurisprudence. Policies may be good or bad; but principles of constitutional law ought to be neutral. The discussions on the jurisprudence of prudence and the persistence of process are offered. It also draws the evolution of process thinking in American jurisprudence. In drawing this evolution, it shows how the theme of reason has acquired near-paradigmatic status in American legal thought.

Keywords: American jurisprudence; constitutional law; Henry Hart; Albert Sacks; The Legal Process; legal thought

Chapter.  47294 words. 

Subjects: Jurisprudence and Philosophy of Law

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