What exactly is the historical school of legal thought?
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The historical school of legal thought emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system. Thus, this school looks to the past to discover what the principles of contempory law should be. The legal doctrines that have withstood the passage of time - those that have worked in the past - are deemed best suited for shaping present laws. Hence, law derives its legitimacy and authority from adhering to the standards that historical development has shown to be workable. Adherents of the historical school are more likely than those of other schools to strictly follow decisions made in past cases.
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The above regarding the Supreme Court is excellent.  But I think that the term refers more specifically to habeas corpus and/or declaratory judgments.  Hope this helps.  The guy above that disrespects lawyers and the military in one fell scoop seems to have the type of attitude I see in criminals.  When they end up in jail and need a lawyer they come crying for help! But I do have a sense of humor and got a small chuckle out of it.
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For the case I would try Lexis Nexis.  \n\nHere is a bio on Mauro: http://www.historicist.com/mauro/bio.htm
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To interpret the law and its constitutionality
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The Scholar in His Study by Dora Thorton can be located in the History of Italy section. It is a book about the Ownership and Experience in Renaissance Italy. hope that helps
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Hope this helps.  :)\n\nPhilosophical Humanism in The Tenth Century: Miskawayh's Concep... \nThe paper concludes with the relevance of Miskawayh's critique of Aristotle's concept of justice, which has shaped modern conceptions of human rights. ...\n\nhttp://h05.cgpublisher.com/proposals/494/manage_workspace \nCliffsNotes::Aristotle's Ethics:Book Summary and Study Guide \nAristotle. Previous Page. Table of Contents, About the Author ... The Aristotelian concept of corrective justice is illustrated by the following diagram: ...\n\nhttp://www.cliffsnotes.com/WileyCDA/LitNote/id-21,pageNum-55.html \nAristotle@Everything2.com \nAristotle's description of revolutions and his concept of justice leads him to prescribe equality among the citizens as the ideal form of a state, ...\n\nhttp://everything2.com/index.pl?node=Aristotle
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This is a really tough question. To answer it, it may be helpful to understand the express differences between the legal system and lawyers.\n\nThe legal system is well thought-out, well-designed, time-tested, and does its best to protect the innocent.\n\nLawyers, however, are posed with a very difficult question when they are in law school: Should a lawyer's ultimate loyalty be to justice or to the client?\n\nMost people would like to say the answer is "justice" but, technically, that is incorrect. Law students are instructed to serve justice, but are also instructed that their primary concern is the client. Their loyalty, even over justice, is to the client. This makes more sense that one would think: Clients couldn't expect to get competent service from a lawyer if the lawyer's ultimate loyalty was to justice and not the client. If the client was guilty, the lawyer would end up serving justice and not the client, and the client would lose their case no matter what. However, everyone is entitled to a fair trial and competent counsel under the Constitution. The only way for this to happen is if the lawyer's loyalty goes to the client no matter what, guilty or innocent.\n\nTo keep lawyers from going too far, though, all law students must take 2 courses and an exam (separate from the bar exam) on Professional Responsibility. In the course they are subject to learning a 2-inch-thick book of ABA Approved Professional Rules of Conduct to keep lawyers from manipulating the law in an unjust and dishonest way, while still maintaining ultimate loyalty to their client.
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Stare Decisis  is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.\n\nThis doctrine is not held within most civil law jurisdictions as it is argued that this principle interferes with the right of judges to interpret law and the right of the legislature to make law. Most such systems, however, recognize the concept of jurisprudence constante, which argues that even though judges are independent, they should rule in a predictable and non-chaotic manner. Therefore, judges' right to interpret law does not preclude the adoption of a small number of selected binding case laws. For more information, please refer to the source
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I am not a lawyer.  I seem to remember hearing this:\n\n            The law is on the Old System.  Most lawyers now are\n            (functioning) on the New System.  That is why a lot of \n            lawyers appear to not be doing a very good job.\n\nThink about it or ask someone about it.  Find out what it takes to get on the System.  How does getting on the System affect one's thinking and reasoning pattern as well as an individual's conduct?\nI am not sure exactly where I heard the above remark, but I seem to recall hearing it from someone who would be some kind of legitimate authority on lawyers.\n\nOf course, it is bad to taint them all with the same brush.  Honest lawyers do exist, I am sure, and they have the potential to do a lot of good if they got to where they are in an upright way without different forms of theft.  However, I think that lawyers of this genre are few and far between, and they generally function from inside an arena of thieves.  They are very rare birds nowdays I think.  A definite need for honest lawyers exists today.\n\n"We're expected to give bad advice some of the time (to pay back the System)" - lawyer quotation I seem to vaguely recall overhearing.\n\nAlso, clients who put lawyers up to certain forms of behaviour can be just as callous (e.g. divorce and child custody suits when one spouse wants to get back at the other).
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actually, American law is based on English Common law.\n\nThe Bill of Rights are drawn from several sources including the Magna Carta, not just from the 10 commandments.
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The common law is the body of law (in England and the US) that grew up outside of statute -- in very simple terms, it is legal tradition, rather than acts of Congress or Parliament.  Now most of the common law traditions are formalized by statute, but in the 17th Century say, the prohibition against trespassing on a neighbor's yard, or killing someone, maught have not been by statutory, but developed at common law.  This was true not only of criminal law, but also (and more commonly) the law under which one person might sue another.
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Karl Marx argued that the law is a self serving tool for the upperclass.\n\nThe legislature and judiciary, predominantly, are composed of rich white males. These rich white males are unlikely ever to  make law that conflicts with their interests, so based on Marx's arguement, you could question whether any law is not sexist or racist!\n\nSorry, for the massively indirect answer... i am not american and my knowledge on american law is scrappy, but the arguement above is a feminist arguement and also the critical race theory! - something to think about!
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if you are interested in pilitics i suggest you should study law cause if you study politics you probably will end up teaching history in some school.law contains politics.
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"Which is best? " is a personal question; it can only be answered in terms of which is best *for you*.  There is no one criterion or set of criteria with which to measure law schools.  Academics do not agree on any one list.\n\nSome considerations for you to determine which is best for you:\n\n1)  Where do you intend to practice law?  \nIn a country with a British law tradition, you may want to study in a school located in one of the British Commonwealth countries.  Although America has numerous excellent law schools, you should know that the American legal tradition, while it shares richly in the Anglo-Saxon legal tradition, differs significantly from it in many respects.  Constitutional law, procedure, rules of evidence, and criminal law are areas that come immediately to mind.  \n\nAnd within American schools, there is significant difference regarding, for example, East Coast v. West Coast and Southern schools.  Southern and Western schools generally come from a "community property" tradition which does not apply in other states.  Louisiana, with its background of French Napleonic law, is a unique case.  And, of course, California law differs in significant ways from that in many states.  And the laws of Texas, for example its real property law which includes unique provisions for oil and gas assets found under the land, differs from that of other states.  And its state bar exam tests on these uniquely Texan matters.  No doubt you would want to be aware of these matters as you consider your choice of schools.\n\nOn the other hand, law school prepares you to perform legal research, formulate and write opinions on legal matters, and choose and represent clients.  Those professional skills are transferable to any legal environment.  Some individuals trained in, say, Scotland, may practice for a time in California.\n\nAs commercial, political, and other transactions become ever more global in nature, transcending national boundaries, having training and multiple legal systems, and in comparative and international law, has increasing value and applicability.\n\n2)  What sort of educational environment is best for you?\n\nLarge law schools can offer larger libraries and a larger selection of elective courses and perhaps specializations and certifications in specialities as well.  Large schools can also offer amphitheater-size classes and be more impersonal while also being very competitive.\n\nSmall schools can offer a more personal experience with more interaction between students and faculty.  Small classes and more individual attention can be important to students as they find their way through the wide and complex universe of legal study.  These same schools may have relatively small law libraries, and fewer opportunities for legal internships and experience.\n\nNo on size is best for everyone.  You must decide on the factors that are important for you.  \n\n3)  Do you know already which speciality within law you intnd to pursue?  If so, then you will want to give special consideration to schools that offer several courses, or perhaps a certificate, in that speciality.  For example:\n\nMaritime or Admiralty Law\nIntellectual property or patent law\n"High Tech" law of telecommunications and technology\nThe Law of entertainment or of sports\n(Millions of dollars have been made by individual attorneys representing and acting as agents for Hollywood actors and American sports stars.)\n\nThese are only a few considerations.  No doubt others, and you youreself, can think of additional factors that may be important for you.\n\nBest of Luck\n\nMark / California\nps: I'm going through the law school application process myself right now.  But my situation is quite different from yours and my selection is limited.  But I am confident I will do well, pass the rigorous California bar exam, and enjoy the opportunity to contribute to my community.
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Current "Black's Law Dictionary".\nCurrent "The Bluebook - A Uniform System of Citation".\n\nPerhaps these are books you'll want to have with you starting...  What to read depends on what classes you are taking.  If you know what the courses are about, read books that might support knowledge and theory.  Read Landmark cases ... for sure, know "Palsgraph"!\n\nIf you know what your courses are (what subjects will be covered), you could read Restatements, Treatises, case law involving those subjects.  They will give you a good understanding of terms and the complexity of issues. \n\nAlso (again, depending on your classes), you could study up on legal writing {and citations].  Work at writing GOOD briefs.  (Find out what a good brief is and work at doing it before you get to school.)\n\nGood luck to you!
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I believe that the concept still lives.  In practical governing, however, the concept died during the civil war and was buried by the Supreme Court during the twentieth century.
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Both seek to decide what is right and wrong. Ethics is more of a personal opinion. Law is the collection of views of society members.