Word: souter
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...thesis, Souter examines Holmes' theoryof legal positivism--a doctrine that holdsmorality and legality are not necessarilyentwined--and how it differs from theories ofnatural...
...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 time when Souter did not expect anyone but his professors to agonize over...
...promise, however, is deceptive. While Souter's thesis is about law, it is so abstract that it never once mentions a single case. And while Souter does stake out a few positions, he pointedly refuses to state his opinion on the largest and most significant question he raises...
Nonetheless, the thesis is telling in at least one respect--it strongly reflects the careful deliberation and organization that marks most of Souter's subsequent legal writing. During the course of the three-chapter paper,Souter orders his arguments almost as if writing amathematical proof, often pausing to repeat hisarguments before moving...
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...