Rationales of criminal law then and now: For a judgmental descriptivism

Columbia Law Review

Volumn 100, Issue 1, 2000, Pages 54-

  Michaels, Alan C ^a  

^a NONE

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EID: 0041405731     PISSN: 00101958     EISSN: None     Source Type: Journal    
DOI: 10.2307/1123556     Document Type: Article

References (5)

1. See Herbert Wechsler & Jerome Michael, A Rationale of the Law of Homicide: I, 37 Colum. L. Rev. 701 (1937) [hereinafter Law of Homicide I]; Jerome Michael & Herbert Wechsler, A Rationale of the Law of Homicide II, 37 Colum. L. Rev. 1261 (1937) [hereinafter Law of Homicide II].
2. See Herbert Wechsler & Jerome Michael, A Rationale of the Law of Homicide: I, 37 Colum. L. Rev. 701 (1937) [hereinafter Law of Homicide I]; Jerome Michael & Herbert Wechsler, A Rationale of the Law of Homicide II, 37 Colum. L. Rev. 1261 (1937) [hereinafter Law of Homicide II].
3. Though sometimes lost in the imposing shadow of his co-author, Jerome Michael made impressive contributions beyond his influential work in criminal law, including important approaches to the study of procedure and evidence. See Paul R. Hays, Jerome Michael, 53 Colum. L. Rev. 304, 305 (1953). In Herbert Wechsler's words, Professor Michael as a legal theorist "was one of the ablest of our time," and, as an instructor, made law teaching "a noble calling, fit to stand with any phase of University endeavor, drawing on the full resources of the soul." Herbert Wechsler, Jerome Michael, 1890-1953, 53 Colum. L. Rev. 301, 301, 303 (1953).
4. Though sometimes lost in the imposing shadow of his co-author, Jerome Michael made impressive contributions beyond his influential work in criminal law, including important approaches to the study of procedure and evidence. See Paul R. Hays, Jerome Michael, 53 Colum. L. Rev. 304, 305 (1953). In Herbert Wechsler's words, Professor Michael as a legal theorist "was one of the ablest of our time," and, as an instructor, made law teaching "a noble calling, fit to stand with any phase of University endeavor, drawing on the full resources of the soul." Herbert Wechsler, Jerome Michael, 1890-1953, 53 Colum. L. Rev. 301, 301, 303 (1953).
5. Born in 1909, Professor Wechsler is still an emeritus member of the Columbia Law School faculty. Wechsler has spent a lifetime at the forefront of the study of American criminal law. In addition to writing "A Rationale for the Law of Homicide" at the age of twenty-eight, he shepherded the Model Penal Code through many drafts between 1952 and 1980. See Sir Leon Radzinowicz, Herbert Wechsler's Role in the Development of American Criminal Law and Penal Policy, 69 Va. L. Rev. 1, 4-6 (1983). His achievements,