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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...

Author: By Jonathan M. Berlin, | Title: Souter's Thesis Uncovers Few Clues | 7/31/1990 | See Source »

...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...

Author: By Jonathan M. Berlin, | Title: Souter's Thesis Uncovers Few Clues | 7/31/1990 | See Source »

...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...

Author: By Jonathan M. Berlin, | Title: Souter's Thesis Uncovers Few Clues | 7/31/1990 | See Source »

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...

Author: By Jonathan M. Berlin, | Title: Souter's Thesis Uncovers Few Clues | 7/31/1990 | See Source »

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...

Author: By Jonathan M. Berlin, | Title: Souter's Thesis Uncovers Few Clues | 7/31/1990 | See Source »

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