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Author: William Clune Publisher: Quid Pro Books ISBN: 1610274393 Category : Law Languages : en Pages : 365
Book Description
This is a book of papers and interviews about innovative law school courses developed by faculty of the Wisconsin Law School from 1950 to 1970 that forged a path from legal realism to law and social science. These courses took a “law in action” approach to the study of law which became a signature feature of the school’s tradition from that time to the present day. “The Legal Realists of the 1920s and 30s taught that the law that mattered was the law in action, as applied by ordinary officials and experienced by ordinary people. But they mostly failed to get their program adopted as part of professional education alongside the study of appellate cases. Only at Wisconsin—thanks to a cluster of great scholar-teachers in Willard Hurst, Frank Remington, Herman Goldstein, Stewart Macaulay, Bill Whitford, and their collaborators—has the Realist vision been fully and splendidly realized in law teaching. This is the story of that thrilling experiment.” — Robert W. Gordon, Professor of Law Emeritus, Stanford University; Chancellor Kent Professor Emeritus of Law and Legal History, Yale Law School “This book is a must read for anyone interested in the history of the law and society movement and the unique role that the University of Wisconsin Law School has played in that tradition. In a series of essays by and interviews of current and former Wisconsin law teachers, the creativity of Wisconsin’s challenge to the traditional legal academy comes alive.” — Lauren Edelman, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, Berkeley "In a time when an increasing number of law schools characterize themselves as bastions of 'law in action,' this volume provides a bracing reminder of a more precise vision. That vision was rooted in the legal realist tradition during an earlier 'golden age' of sociolegal thought at the University of Wisconsin Law School. In this important book, we hear vivid accounts of the innovative law teaching during that time, which took realist discoveries seriously—in Contracts, Legal Process, Legal History, and Criminal Law.” — Elizabeth Mertz, Research Professor, American Bar Foundation; John and Rylla Bosshard Professor Emerita, UW-Madison Law School
Author: William Clune Publisher: Quid Pro Books ISBN: 1610274393 Category : Law Languages : en Pages : 365
Book Description
This is a book of papers and interviews about innovative law school courses developed by faculty of the Wisconsin Law School from 1950 to 1970 that forged a path from legal realism to law and social science. These courses took a “law in action” approach to the study of law which became a signature feature of the school’s tradition from that time to the present day. “The Legal Realists of the 1920s and 30s taught that the law that mattered was the law in action, as applied by ordinary officials and experienced by ordinary people. But they mostly failed to get their program adopted as part of professional education alongside the study of appellate cases. Only at Wisconsin—thanks to a cluster of great scholar-teachers in Willard Hurst, Frank Remington, Herman Goldstein, Stewart Macaulay, Bill Whitford, and their collaborators—has the Realist vision been fully and splendidly realized in law teaching. This is the story of that thrilling experiment.” — Robert W. Gordon, Professor of Law Emeritus, Stanford University; Chancellor Kent Professor Emeritus of Law and Legal History, Yale Law School “This book is a must read for anyone interested in the history of the law and society movement and the unique role that the University of Wisconsin Law School has played in that tradition. In a series of essays by and interviews of current and former Wisconsin law teachers, the creativity of Wisconsin’s challenge to the traditional legal academy comes alive.” — Lauren Edelman, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, Berkeley "In a time when an increasing number of law schools characterize themselves as bastions of 'law in action,' this volume provides a bracing reminder of a more precise vision. That vision was rooted in the legal realist tradition during an earlier 'golden age' of sociolegal thought at the University of Wisconsin Law School. In this important book, we hear vivid accounts of the innovative law teaching during that time, which took realist discoveries seriously—in Contracts, Legal Process, Legal History, and Criminal Law.” — Elizabeth Mertz, Research Professor, American Bar Foundation; John and Rylla Bosshard Professor Emerita, UW-Madison Law School
Author: Shauhin Talesh Publisher: Edward Elgar Publishing ISBN: 1788117778 Category : Law Languages : en Pages : 544
Book Description
This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
Author: Elizabeth Mertz Publisher: Cambridge University Press ISBN: 9781107415539 Category : Law Languages : en Pages : 0
Book Description
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.
Author: Karl N. Llewellyn Publisher: Transaction Publishers ISBN: 1412813786 Category : Philosophy Languages : en Pages : 549
Book Description
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.
Author: Edwin Norman Garlan Publisher: ISBN: Category : Law Languages : en Pages : 186
Book Description
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.
Author: Elizabeth Mertz Publisher: Cambridge University Press ISBN: 1316495353 Category : Law Languages : en Pages : 535
Book Description
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.
Author: John Henry Schlegel Publisher: Univ of North Carolina Press ISBN: 0807864366 Category : History Languages : en Pages : 433
Book Description
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.
Author: Jerome Frank Publisher: Taylor & Francis ISBN: 135150956X Category : Law Languages : en Pages : 449
Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Author: Raimo Siltala Publisher: Springer Science & Business Media ISBN: 9789400718722 Category : Law Languages : en Pages : 290
Book Description
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
Author: Karl Llewellyn Publisher: Routledge ISBN: 1351510398 Category : Law Languages : en Pages : 549
Book Description
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.
Author: William Clune
Author: William Clune
Author: Shauhin Talesh
Author: Elizabeth Mertz
Author: Karl N. Llewellyn
Author: Edwin Norman Garlan
Author: Elizabeth Mertz
Author: John Henry Schlegel
Author: Jerome Frank
Author: Raimo Siltala
Author: Karl Llewellyn