Legal Realism and American Law PDF Download

Author: Justin Zaremby
Publisher: Bloomsbury Publishing USA
ISBN: 1441135723
Category : Political Science
Languages : en
Pages : 192

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Book Description
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.

Author: John Henry Schlegel
Publisher: Univ of North Carolina Press
ISBN: 0807864366
Category : History
Languages : en
Pages : 433

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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: William W. Fisher, III
Publisher: OUP USA
ISBN: 9780195071238
Category : Law
Languages : en
Pages : 344

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Book Description
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.

Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199890692
Category : Law
Languages : en
Pages : 247

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Book Description
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.

Author: Justin Zaremby
Publisher:
ISBN: 9781501300547
Category : Law
Languages : en
Pages : 190

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Book Description
"In the first part of the 20th century, a new movement originating from the law schools of Yale and Columbia University offered interesting, if not disconcerting, views on the role of judges and the nature of the law in America. Called legal realism, it developed new methods and questions to describe how judges and the law function. To investigate the nature of legal reasoning, legal realists looked at the origins, developments, and interpretations of the law, seeking to understand what the law is, who makes it, and its purpose. They argued that adjudications are a subjective system based more on the political, social, and moral inclinations of Federal and State judges than on dogma. Today, this is apparent in debates surrounding rulings, appointments, and judicial activism. This thorough analysis discusses the context in which legal realism developed along with the work of key figures and helps situate today's complex judicial politics in America. It will be of great interest to any student researching judicial politics and American constitutional development"--

Author: Shauhin Talesh
Publisher: Edward Elgar Publishing
ISBN: 1788117778
Category : Law
Languages : en
Pages : 544

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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: Edwin Norman Garlan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 186

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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: William Clune
Publisher: Quid Pro Books
ISBN: 1610274393
Category : Law
Languages : en
Pages : 365

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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: Wouter de Been
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 272

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Book Description
Legal Realism Revisited presents a comparison between two schools of American Legal theory - American Legal Realism and Critical Legal Studies - and argues that Legal Realism still holds the most promise for understanding and reforming law.

Author: Petar Popovic
Publisher: CUA Press
ISBN: 0813235502
Category : Law
Languages : en
Pages : 328

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Book Description
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.