Word: holmeses
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In the thesis, Souter examines Holmes' theoryof legal positivism--a doctrine that holdsmorality and legality are not necessarilyentwined--and how it differs from theories ofnatural law.
Souter's senior thesis, submitted for honors at Harvard's Philosophy Department, would seem to be a more promising source of insight. The 48-page essay is titled "Holmes' Legal Position and the Criticism From a Current Position of Natural Law" is about legal theory and was written at a...
Holmes' theory, as set in The Path ofLaw, holds that morality is not a sufficient,or even a necessary, condition for a law'sexistence. This, Souter explains, contradicts thetheory of natural law, which--through differentdefinitions of legality and morality that Holmesused--holds that laws are basically always moral.
Brennan never gave up, however, in fighting the death penalty, advocating affirmative action to correct racial wrongs and defending the one-man, one- vote principle to define state and local election districts. Yale Kamisar, a University of Michigan law professor, calls Brennan "one of the most effective Justices of all...
GRAPHICS DIRECTOR: Nigel Holmes