American Legal Realism

Author: William W. Fisher, III
Publisher: Oxford University Press
ISBN: 0195071239
Release Date: 1993
Genre: History

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.

American Legal Realism and Empirical Social Science

Author: John Henry Schlegel
Publisher: Univ of North Carolina Press
ISBN: 9780807864364
Release Date: 2000-11-09
Genre: History

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 American Law

Author: Justin Zaremby
Publisher: Bloomsbury Publishing USA
ISBN: 9781441135728
Release Date: 2013-12-05
Genre: Political Science

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
Publisher: Oxford University Press
ISBN: 9780199890699
Release Date: 2013-09
Genre: Law

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

Author: Michael Martin
Publisher: Peter Lang Pub Incorporated
ISBN: STANFORD:36105062252999
Release Date: 1997
Genre: Law

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.

Naturalizing Jurisprudence

Author: Brian Leiter
Publisher: Oxford University Press on Demand
ISBN: 019920649X
Release Date: 2007
Genre: Law

Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers. This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

Naturalized Jurisprudence and American Legal Realism Revisited

Author: Brian Leiter
Publisher:
ISBN: OCLC:832761609
Release Date: 2011
Genre: Jurisprudence

This is my reply to critics in a symposium issue of the journal Law & Philosophy (2011) devoted to my 2007 book NATURALIZING JURISPRUDENCE: AMERICAN LEGAL REALISM AND NATURALISM IN LEGAL PHILOSOPHY. The critics to whom I respond are: Julie Dickson (Oxford University), Michael Steven Green (College of William & Mary), and Mark Greenberg (University of California, Los Angeles).

Karl Llewellyn and the Realist Movement

Author: William Twining
Publisher: Cambridge University Press
ISBN: 9781107023383
Release Date: 2012-09-17
Genre: Law

First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.

The Behavior of Federal Judges

Author: Lee Epstein
Publisher: Harvard University Press
ISBN: 9780674067325
Release Date: 2013-01-07
Genre: Law

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

A Companion to Philosophy of Law and Legal Theory

Author: Dennis Patterson
Publisher: John Wiley & Sons
ISBN: 9781444320121
Release Date: 2010-01-15
Genre: Law

The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy Now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy Essays are written by an international team of leading scholars

The Blackwell Guide to the Philosophy of Law and Legal Theory

Author: Martin P. Golding
Publisher: John Wiley & Sons
ISBN: 9780470779866
Release Date: 2008-04-15
Genre: Philosophy

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

The New Legal Realism Volume 1

Author: Elizabeth Mertz
Publisher: Cambridge University Press
ISBN: 9781316495353
Release Date: 2016-05-03
Genre: Law

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.

West s Encyclopedia of American Law Hate crime to legal realism

Author:
Publisher:
ISBN: LCCN:96034350
Release Date: 1998
Genre: Law

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.