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American Legal Realism

American Legal Realism
Author: William W. Fisher, III
Publisher: OUP USA
Total Pages: 344
Release: 1995-02-23
Genre: Law
ISBN: 9780195071238

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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.


American Legal Realism and Empirical Social Science

American Legal Realism and Empirical Social Science
Author: John Henry Schlegel
Publisher: Univ of North Carolina Press
Total Pages: 433
Release: 2000-11-09
Genre: History
ISBN: 0807864366

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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.


Reconstructing American Legal Realism & Rethinking Private Law Theory

Reconstructing American Legal Realism & Rethinking Private Law Theory
Author: Hanoch Dagan
Publisher: Oxford University Press, USA
Total Pages: 247
Release: 2013-09
Genre: Law
ISBN: 0199890692

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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.


Legal Realism and American Law

Legal Realism and American Law
Author: Justin Zaremby
Publisher: Bloomsbury Publishing USA
Total Pages: 192
Release: 2013-12-05
Genre: Political Science
ISBN: 1441135723

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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.


The Blackwell Guide to the Philosophy of Law and Legal Theory

The Blackwell Guide to the Philosophy of Law and Legal Theory
Author: Martin P. Golding
Publisher: John Wiley & Sons
Total Pages: 368
Release: 2008-04-15
Genre: Philosophy
ISBN: 0470779861

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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


Encyclopedia of the Philosophy of Law and Social Philosophy

Encyclopedia of the Philosophy of Law and Social Philosophy
Author: Mortimer N. S. Sellers
Publisher:
Total Pages:
Release: 2019
Genre: Law
ISBN: 9789400767300

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"Updated content will continue to be published as 'Living Reference Works'"--Publisher.


Beyond the Formalist-Realist Divide

Beyond the Formalist-Realist Divide
Author: Brian Z. Tamanaha
Publisher: Princeton University Press
Total Pages: 265
Release: 2009-10-26
Genre: Law
ISBN: 1400831989

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According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.


Legal Realism

Legal Realism
Author: Michael Martin
Publisher: Peter Lang Incorporated, International Academic Publishers
Total Pages: 264
Release: 1997
Genre: Law
ISBN:

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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.


Legal Realism and Justice

Legal Realism and Justice
Author: Edwin Norman Garlan
Publisher:
Total Pages: 186
Release: 1941
Genre: Law
ISBN:

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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 New Legal Realism: Volume 1

The New Legal Realism: Volume 1
Author: Elizabeth Mertz
Publisher: Cambridge University Press
Total Pages: 0
Release: 2017-05-11
Genre: Law
ISBN: 9781107415539

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This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.