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.

Law in Context

Author: William L. Twining
Publisher: Oxford University Press
ISBN: 9780198264835
Release Date: 1997
Genre: Law

The central theme of Twining's book is that law is a marvellous subject of study, but to do justice to its potential requires an enlargement of vision, multiple perspectives, and a radical reappraisal of the role, culture, and practices of law schools. Treating theory, education, scholarship, publishing, and professional practice as complementary activities, the author explores the history, philosophy, and practical problems of attempts to broaden the study of law in a disciplined way. Hedraws upon his personal experience of law schools throughout the common law world and his special knowledge of jurisprudence, evidence,torts and legal method to examine a wide range of topics in depth. These include, for example, the nature and tasks of legal theory, different kinds of legal literature, and access to legal education and the profession. This provocative and readable book will appeal to all those with an interest in the roles of legal theory, law schools, and lawyers in a changing world.

The Bramble Bush

Author: Karl N. Llewellyn
Publisher: Quid Pro Books
ISBN: 9781610271356
Release Date: 2012-04-24
Genre: Law

Written generations ago, but highly relevant today, The Bramble Bush remains one of the books most recommended for students to read when considering law school, just before beginning its study, or early in the first semester. Its first edition began as a collection from a series of introductory lectures given by legal legend Karl Llewellyn to new law students at Columbia University. It still speaks to law, legal reasoning, and exam-taking skills in a way that makes it a classic for each new generation. The Quid Pro Legal Legends Edition includes an extensive, practical, and modern Introduction by Stewart Macaulay, a senior law professor at the University of Wisconsin-Madison. Macaulay updates the current reader on the book's continued relevance and application, offers a practical perspective to new law students, and places the original edition in its historical context. Simply put, Macaulay writes, this "is a book that anyone interested in law schools or law should read." The Quid Pro Books edition of the classic work also includes several unobtrusive annotations, to update the reader on legal terms and cultural references made in the original that may not be clear to today's reader. Moreover, this is a carefully proofread and presented edition, lacking the errors and scanning mistakes of other presses' editions in print. It is also available in paperback and clothbound formats from Quid Pro, including the annotations and new Introduction by Prof. Macaulay.

The Cheyenne Way

Author: Karl Nickerson Llewellyn
Publisher: William S. Hein & Co., Inc.
ISBN: 1575887177
Release Date: 1941
Genre: History

The Cheyenne Indians are one of the most famous tribes of the Great American Plains. While they lived a nomadic, semi-pastoral, hunting existence, the Cheyenne still abided by a clear and well-organized legal and social system. In an effort to examine the way of the Cheyenne more closely, authors Karl N. Llewellyn (a specialist in law) and E. Adamson Hoebel (an anthropologist) decided to perform a field investigation in the summer of 1936. The result of their work was The Cheyenne Way, an illuminating study of the guidance of group conduct without violence in a primitive society having no organized government. It presents 53 cases recorded in the words of Cheyenne informants, ranging from the crime of murder to breaches upon domestic relations. The authors adopted the inductive case-method of American law schools as an exploratory technique to probe Cheyenne jurisprudence. Because the tribe had a non-literate culture, it was necessary to resort to extensive field work to find the case histories recorded only in the memories of tribal storytellers. Prior to delving into the cases, Llewellyn and Hoebel detail the historical background, origin, and development of the Council of Forty-four, the tribal council of civil chiefs that was not only the supreme policy-making body, but which also possessed many judicial functions. After discussing the cases dealing with the Council, the volume explores other elements of the Cheyenne legal system as they related to the military societies, homicide and the supernatural, marriage and sex, property and inheritance, and informal pressures and the integration of the individual. The Cheyenne Way created an abundance of discussion in the legal, academic, and North American Indian communities when it was originally published in 1941, and the relevance of this exceptional work endures for members of these communities today

Law and the Modern Mind

Author: Jerome Frank
Publisher: Routledge
ISBN: 9781351509558
Release Date: 2017-07-12
Genre: Social Science

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.

Jurisprudence

Author: Karl Llewellyn
Publisher: Routledge
ISBN: 9781351510394
Release Date: 2017-09-04
Genre: Law

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.

The Great Juristic Bazaar

Author: William Twining
Publisher: Routledge
ISBN: 9781351543750
Release Date: 2017-09-08
Genre: Law

Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.

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.

General Jurisprudence

Author: William Twining
Publisher: Cambridge University Press
ISBN: 9780521505932
Release Date: 2009-02-12
Genre: Law

This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.

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 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.

Law s Ethical Global and Theoretical Contexts

Author: Upendra Baxi
Publisher: Cambridge University Press
ISBN: 9781316404768
Release Date: 2015-10-22
Genre: Law

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.