Legal Realism And American Law
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Legal Realism And American Law
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Author : Justin Zaremby
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2013-12-05
Legal Realism And American Law written by Justin Zaremby and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-05 with Political Science categories.
In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Legal Realism And Justice
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Author : Edwin Norman Garlan
language : en
Publisher:
Release Date : 1941
Legal Realism And Justice written by Edwin Norman Garlan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1941 with Law categories.
Clarifies the historical continuity of American legal realism through a study of juristic writings from the first half of the 20th century and of writers who are clearly recognized as leaders or followers of realism. The study also shows that American legal realism is not an integrated philosophy of law and that many of its leaders and followers have divergent or incompatible theories about law.
Legal Realism
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Author : Michael Martin
language : en
Publisher: Peter Lang Incorporated, International Academic Publishers
Release Date : 1997
Legal Realism written by Michael Martin and has been published by Peter Lang Incorporated, International Academic Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
As one of the most important movements in twentieth century legal thought, legal realism continues to be a source of controversy and inspiration. This study provides the first critical comparison and evaluation of American and Scandinavian legal realism. Presenting, evaluating, and reformulating the basic ideas of American legal realists such as Karl Llewllyn, Walter Wheeler Cook, Herman Oliphant, Jerome Frank, and Underhill Moore in the first part of the book, the author devotes the second part to a critical appraisal and reformulation of the major doctrines of Scandinavian legal realists such as Axel Hägerström, A. V. Lundstedt, Karl Olivecrona, and Alf Ross. The book also reveals the misunderstanding of legal realism by legal philosophers such as H. L. A. Hart and Ronald Dworkin and the connections of legal realism to the critical legal studies movement.
Reconstructing American Legal Realism Rethinking Private Law Theory
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Author : Hanoch Dagan
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-09
Reconstructing American Legal Realism Rethinking Private Law Theory written by Hanoch Dagan and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with Law categories.
This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
American Legal Realism And Empirical Social Science
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Author : John Henry Schlegel
language : en
Publisher: Univ of North Carolina Press
Release Date : 2000-11-09
American Legal Realism And Empirical Social Science written by John Henry Schlegel and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-09 with History categories.
John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Karl Llewellyn And The Realist Movement
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Author : William Twining
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-17
Karl Llewellyn And The Realist Movement written by William Twining and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-17 with Biography & Autobiography categories.
First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.
Roscoe Pound And Karl Llewellyn
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Author : N. E. H. Hull
language : en
Publisher: University of Chicago Press
Release Date : 1997
Roscoe Pound And Karl Llewellyn written by N. E. H. Hull and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Biography & Autobiography categories.
American legal history is traditionally viewed as a succession of discrete schools of thought or landmark court decisions, not as the work of individuals. Such an approach, however, hardly does justice to the lives of two of the foremost teachers and theorists of American jurisprudence. In Roscoe Pound and Karl Llwellyn: Searcbing for an American Jurisprudence, N. E. H. Hull reconstructs the historical, cultural, and intellectual context of the work of Pound and Llewellyn, bringing to light their private and public relationship as well as the diverse sources - from psychology to plant ecology to Icelandic sagas - they separately drew upon in making their contributions to the American legal tradition.
Legal Realism And Twentieth Century American Jurisprudence
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Author : Gary Jan Aichele
language : en
Publisher: Garland Publishing
Release Date : 1990
Legal Realism And Twentieth Century American Jurisprudence written by Gary Jan Aichele and has been published by Garland Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Reconstructing American Legal Realism Rethinking Private Law Theory
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Author : Hanoch Dagan
language : en
Publisher: Oxford University Press
Release Date : 2013-09-19
Reconstructing American Legal Realism Rethinking Private Law Theory written by Hanoch Dagan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-19 with Law categories.
In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.
Reconstructing American Legal Realism And Rethinking Private Law Theory
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Author : Ḥanokh Dagan
language : en
Publisher:
Release Date : 2013
Reconstructing American Legal Realism And Rethinking Private Law Theory written by Ḥanokh Dagan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with LAW categories.
The author revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress, and demonstrates how the major claims attributed to legal realism fit into this conception of law. The book seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost.