Roscoe Pound And Karl Llewellyn
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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.
El Debate Pound Llewellyn
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Author : Roscoe Pound
language : es
Publisher: U. Externado de Colombia
Release Date : 2018-10-30
El Debate Pound Llewellyn written by Roscoe Pound and has been published by U. Externado de Colombia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-30 with Law categories.
A principios de la década de los años treinta surgió en Estados Unidos la corriente antiformalista del realismo jurídico, movimiento que construyó sus aportes a partir de una serie de críticas al formalismo que había surgido a ambos lados del Atlántico a finales del siglo XIX. Dentro de la corriente antiformalista, los realistas norteamericanos se erigieron como una nueva generación especialmente preocupada por la relación entre sociedad y derecho y por la forma como se construían las decisiones judiciales a partir de valoraciones de utilidad social y política pública. En este contexto se encargaron de desarrollar la intuición antiformalista frente a la indeterminación del derecho, según la cual resulta complejo predecir la decisión judicial a partir de normas jurídicas positivas, pues la labor de un juez también se encuentra determinada por consideraciones psicológicas o sociológicas que no son capturadas por las normas. La tesis fuerte de la indeterminación fue duramente resistida por otros antiformalistas estadounidenses que atacaron al realismo. Uno de estos ataques provino del prestigioso jurista y decano de la Escuela de Leyes de la Universidad de Harvard, Roscoe Pound. Este último, representante de la jurisprudencia sociológica, atacó el escepticismo de los realistas. Ello produjo una respuesta del representante más reputado del realismo jurídico, Karl Llewellyn, quien trató de resistir los ataques de Pound mostrando que los realistas de los años treinta eran herederos del antiformalismo de los viejos representantes de la jurisprudencia sociológica como lo era el propio Pound. No obstante la prudencia de Llewellyn, el debate marcó un quiebre general entre los "viejos" y los "nuevos" antiformalistas estadounidenses: los juristas sociológicos y los realistas.
Jurisprudence
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Author : Karl Llewellyn
language : en
Publisher: Routledge
Release Date : 2017-09-04
Jurisprudence written by Karl Llewellyn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-04 with Law categories.
Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
The Theory Of Rules
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Author : Karl N. Llewellyn
language : en
Publisher: University of Chicago Press
Release Date : 2011-05-01
The Theory Of Rules written by Karl N. Llewellyn 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 2011-05-01 with Law categories.
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
The Canon Of American Legal Thought
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Author : David Kennedy
language : en
Publisher: Princeton University Press
Release Date : 2018-06-05
The Canon Of American Legal Thought written by David Kennedy and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-05 with Law categories.
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Jurisprudence
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Author : Karl Nickerson Llewellyn
language : en
Publisher:
Release Date : 2000
Jurisprudence written by Karl Nickerson Llewellyn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Jurisprudence categories.
Llewellyn, Karl N. Jurisprudence: Realism in Theory and Practice. [Chicago]: The University of Chicago Press, 1962. viii, 531 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-056923. ISBN 1-58477-067-8. Cloth. $95. * Considered to be one of the great American legal philosophers of the twentieth century, Llewellyn [1893-1962], was a distinguished professor of law at the University of Chicago, visiting professor at Leipzig and Harvard Universities, and also taught at Yale and Columbia. He wrote extensively and was the chief draftsman of the Uniform Commercial Code. In this collection of essays Llewellyn presents his unique theory of Realism as applied to jurisprudence in theory; and social institutions, including the bar, in practice.
The Bramble Bush
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Author : Karl Nickerson Llewellyn
language : en
Publisher: Oxford University Press
Release Date : 2008
The Bramble Bush written by Karl Nickerson Llewellyn 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 2008 with Law categories.
Karl N. Llewellyn's classic introduction to legal education, The Bramble Bush, has prepared generations of students for the study of law. Based on Professor Llewellyn's lectures at Columbia University Law School, The Bramble Bush introduces students to what the law is, how to read cases, how to prepare for class, and how justice in the real world relates to the law. Now with a new introduction and notes by Law Professor Steve Sheppard, Professor Llewellyn's celebrated work remains the best guide for those starting law school or considering a career in the law.
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.
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.
Justice Legal Systems And Social Structure
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Author : H. Richard Hartzler
language : en
Publisher: Port Washington, N.Y. : Kennikat Press
Release Date : 1976
Justice Legal Systems And Social Structure written by H. Richard Hartzler and has been published by Port Washington, N.Y. : Kennikat Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Law categories.