Liberalism, Community, and State Borders (Currie Lecture), 41 Duke Law Journal 1 (1991)
Legal doctrine is a collection of technicalities, but it is not only that.
It is also, often, something more. Legal doctrines embody intuitions
about justice, fairness, efficiency-all the values held by the individuals
who contribute to their formulation. Faced with problems that lack
clear legal answers, judges grope for appropriate solutions; in their groping,
they follow deeply held intuitions about what the law ought to be. It
should be of no surprise that even some of the humblest legal doctrines
reflect much larger philosophical assumptions.
Date of Authorship for this Version
Brilmayer, Lea, "Liberalism, Community, and State Borders" (1991). Faculty Scholarship Series. Paper 2540.