Legal Realism and American Law
Title | Legal Realism and American Law PDF eBook |
Author | Justin Zaremby |
Publisher | Bloomsbury Publishing USA |
Total Pages | 192 |
Release | 2013-12-05 |
Genre | Political Science |
ISBN | 1441135723 |
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.
American Legal Realism
Title | American Legal Realism PDF eBook |
Author | William W. Fisher, III |
Publisher | OUP USA |
Total Pages | 344 |
Release | 1995-02-23 |
Genre | Law |
ISBN | 9780195071238 |
A comprehensive, in-depth discussion of the most influential movement in American legal history, and one which remains more than fifty years later the subject of lively debate, this collection of readings, written largely between 1900 and 1940, includes works from prominent writers on the subject that have never before been generally available. Introduced and edited by noted scholars in the field, the anthology includes such contributors as Oliver Wendell Holmes, James Thayer, Roscoe Pound, John Chipman Gray, Wesley Hohfeld, Karl Llewellyn, Arthur Corbin, Nathan Issacs, Robert Hale, Harold Laski, Max Radin, and others. With concise biographical notes as well as introductions to provide historical context, each selection addresses a different debate involving Legal Realism. Included is a selective bibliography, making the text valuable to a broad range of scholars.
Reconstructing American Legal Realism & Rethinking Private Law Theory
Title | Reconstructing American Legal Realism & Rethinking Private Law Theory PDF eBook |
Author | Hanoch Dagan |
Publisher | Oxford University Press, USA |
Total Pages | 247 |
Release | 2013-09 |
Genre | Law |
ISBN | 0199890692 |
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
Title | American Legal Realism and Empirical Social Science PDF eBook |
Author | John Henry Schlegel |
Publisher | Univ of North Carolina Press |
Total Pages | 433 |
Release | 2000-11-09 |
Genre | History |
ISBN | 0807864366 |
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.
Legal Realism and Justice
Title | Legal Realism and Justice PDF eBook |
Author | Edwin Norman Garlan |
Publisher | |
Total Pages | 186 |
Release | 1941 |
Genre | Law |
ISBN |
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.
The Blackwell Guide to the Philosophy of Law and Legal Theory
Title | The Blackwell Guide to the Philosophy of Law and Legal Theory PDF eBook |
Author | Martin P. Golding |
Publisher | John Wiley & Sons |
Total Pages | 368 |
Release | 2008-04-15 |
Genre | Philosophy |
ISBN | 0470779861 |
The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
Legal Realism
Title | Legal Realism PDF eBook |
Author | Michael Martin |
Publisher | Peter Lang Incorporated, International Academic Publishers |
Total Pages | 264 |
Release | 1997 |
Genre | Law |
ISBN |
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.