legal realism and american law

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Legal Realism And American Law

Author : Justin Zaremby
ISBN : 9781441135728
Genre : Political Science
File Size : 47. 76 MB
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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.

Reconstructing American Legal Realism Rethinking Private Law Theory

Author : Hanoch Dagan
ISBN : 9780199890699
Genre : Law
File Size : 40. 18 MB
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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.

American Legal Realism And Empirical Social Science

Author : John Henry Schlegel
ISBN : 9780807864364
Genre : History
File Size : 46. 34 MB
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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.

American Legal Realism

Author : Wilfrid E. Rumble
ISBN : STANFORD:36105034012323
Genre : Judicial process
File Size : 46. 74 MB
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Legal Realism

Author : Michael Martin
ISBN : STANFORD:36105062252999
Genre : Law
File Size : 68. 91 MB
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Martin (philosophy, Boston U.) critically compares and evaluates two versions of an important movement in early 20th-century legal thought. For both he recounts its origins and early development, surveys its main proponents, and considers it as a research program. He also looks at its influence on critical legal studies. Annotation c. by Book News, Inc., Portland, Or.

American Legal Realism

Author : William W. Fisher, III
ISBN : 0195071239
Genre : History
File Size : 61. 79 MB
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Of Studies in Legal Education (1929) / Edited by Herman Oliphant. "Institute Priests and Yale Observers - A Reply to Dean Goodrich" (1936) / Thurman W. Arnold. "Goodbye to Law Reviews" (1936) / Fred Rodell.

From Legal Realism To Law And Society

Author : Bryant G. Garth
ISBN : STANFORD:36105061960717
Genre : Law
File Size : 64. 33 MB
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West S Encyclopedia Of American Law Hate Crime To Legal Realism

Author :
ISBN : LCCN:96034350
Genre : Law
File Size : 63. 85 MB
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Contains over four thousand alphabetically arranged entries that provide information about terms, concepts, events, movements, cases, and persons significant to U.S. law; and includes sidebars and In Focus articles, tables and indexes, and a variety of reference materials.

Cultural Analysis Cultural Studies And The Law

Author : Austin Sarat
ISBN : 0822331438
Genre : Law
File Size : 20. 29 MB
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DIVThis interdisciplinary collection demonstrates the purchase of cultural studies frameworks for thinking about legal questions beyond the reach of the Law & Economics framework./div

Anglo American Philosophy Of Law

Author : Beryl Harold Levy
ISBN : 1412817269
Genre : Law
File Size : 64. 43 MB
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An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.

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