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Explores the connection between law and logic. Description of the nature of the common law; Proposition of substantive law; Opposition to the charge of negligence.

Examines the proposition that logic can answer all the questions which judges are compelled to answer. Chief Justice Oliver Wendell Holmes' reference to the "notion that the only force at work in the development of law is logic" as fallacious; Professor Thayer's distinction between law and logic; Principle which gives judgment the effect of law; Power of a judge to decide a case according to his view of the general good.

Cites that natural law theorists in political and legal philosophy evolved their concepts of "what ought to be" from the factual "what is". Opposition to Natural Law based on the contention that no postulate in the world "ought" could logically be derived from any statement in the world of "is"; Consideration of the state of mutual dependence by members of the society; Establishment of inductive conclusions; Demonstration of the value of the means in relation to the value of the end.

The article focuses on Wesley Hohfeld's views on various legal issues. One of the great temptations of the law, is to reason logically in matters that are not susceptible of logic. There is only one unit in the law, as thus formulated, and that is a human being, every human being and nothing but a human being. Hohfeld mistakenly insisted that privilege is not always to be called a "right" at all. This unfortunately contradicts so fully established a usage both in law and literature, that it is idle to suppose that any terminological reform will overcome it. It is, therefore, impossible, unless one wishes to rewrite a good part of English literature, to refuse the term "right" to these situations. A restated Hohfeldian analysis may safely discard a great many of the detailed terms that Hohfeld used inadvertently, and even some which he apparently regarded as of high importance.

Discusses principles of classification of law. Influence of formal logic; Purpose of the classification of law; Choice of material to be classified; Theories of the basis of classification; History of classification with a 19th century example from Puchta's "Institutionen"; Classification in the civil law.

This article presents information related to the judicial doctrine of philosopher G.W.F. Hegel. To understand Hegel's philosophy of right and of the State, it is necessary to understand the fundamental principles of his philosophical system as a whole, to which it is closely related. It is not a simple matter to explain it, in as much as it is singularly obscure. All historians of philosophy agree in believing that what especially characterizes Hegel's philosophy is the absolute identification of the intelligible and of the real, of logic and of metaphysics, of the forms of thought and of the laws of nature.

This article presents information related to the Declaration of the Rights of 1789. This doctrine, the most complete and concise expression of which may be found in the Declaration of the Rights of Man and of the Citizen of 1789, is built in solid logical fashion. If one admits the premise, all the conclusions that are drawn from it follow logically. But the premise may well be contested. The foundations of the doctrine are singularly fragile; and the guarantees that it pretends to give the individual against the arbitrary acts of the State appear very precarious.

Addresses the issue of over-emphasis of the logical element in the law. Legal figures in the U.S. who criticized the over-emphasis of the logical element in the law; Suggestive parallel that can be drawn between the functions of the law and of natural science; Instances showing confusion between actually existent and logically necessary rules of law.

The article reports that Section 115(g) of the Internal Revenue Code as applied in recent years raises the current-day counterpart of problems soundly warned against by Adam Smith: The certainty of what each individual ought to pay is, in taxation, a matter of so great importance, that a very considerable degree of inequality, it appears, from the experience of all nations, is not near so great an evil as a very small degree of uncertainty. The touchstone then in applying Section 115 must be whether the distribution in acquisition of stock has caused a significant change in the position of the recipient relative to other shareholders or to the corporation.

The article reports that in the Paradoxes of Legal Science, Judge Benjamin N. Cardozo dealt with the problems of rest and motion, stability and change, particularly as they are reflected in the law. As he said, "The reconciliation of the irreconcilable, the merger of antitheses, the synthesis of opposites, these are the great problems of the law." The solutions currently reached on the problem of jurisdiction for divorce will first be set forth, and then the closely related question of the recognition of divorce decrees will be considered.