Year: 2015
Type: article
Abstract: Levy, of the Berkeley Law Library, went above and beyond the call of duty to locate sources. 1 Christopher Columbus Langdell, Harvard Celebration Speeches, 3 L.Q.REV.118, 124 (1887) (declaring that "law is a science").As early as 1871, Langdell had taken a similar position.See CHRISTOPHER COLUMBUS LANGDELL, A SELECTION OF CASES ON THE LAW OF CONTRACTS, at vi (Boston, Little, Brown & Co. 1871) ("Law, considered as a science, consists of certain principles or doctrines. . . .Each of these doctrines has arrived at its present state by slow degrees; in other words, it is a growth, extending in many cases through centuries.").2 For a discussion of Legal Realism, see generally LAURA KALMAN, LEGAL REALISM AT YALE, 1927-1960 (1986).3 See id. at 164 (discussing the legal realist view that the personalities and past experiences of judges-as opposed to legal rules-play a paramount role in the development of legal doctrines).4 Id. 5 LEO TOLSTOY, ANNA KARENINA 3 (Leonard J. Kent & Nina Berberova eds., Constance Garnett trans., Modern Library 2000) (1877).6 Traditionally, state statutes and adjudications by state tribunals have been regarded as the principal sources of family law doctrine.See, e.g., Libby S. Adler, Federalism and Family, 8 COLUM.J. GENDER & L. 197, 197 (1999) ("Under our federalist system, the axiom has it, family law resides within the province of the states.");Anne C. Dailey, Federalism and Families, 143 U. PA.L. REV.1787, 1821 (1995) ("From the earliest days of the Republic until the recent past, family law has
Source: bepress Legal Repository
Author: Melissa E. Murray
Institution: University of California, Berkeley
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1648601917