Legal Realisms

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American Legal Realism and Empirical Social Science

Author : John Henry Schlegel
Publisher : Univ of North Carolina Press
ISBN 13 : 0807864366
Total Pages : 433 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis American Legal Realism and Empirical Social Science by : John Henry Schlegel

Download or read book American Legal Realism and Empirical Social Science written by John Henry Schlegel and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : William W. Fisher, III
Publisher : OUP USA
ISBN 13 : 9780195071238
Total Pages : 344 pages
Book Rating : 4.0/5 (712 download)

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Book Synopsis American Legal Realism by : William W. Fisher, III

Download or read book American Legal Realism written by William W. Fisher, III and published by OUP USA. This book was released on 1995-02-23 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Realism at Yale, 1927-1960

Author : Laura Kalman
Publisher : UNC Press Books
ISBN 13 : 1469620758
Total Pages : 326 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Legal Realism at Yale, 1927-1960 by : Laura Kalman

Download or read book Legal Realism at Yale, 1927-1960 written by Laura Kalman and published by UNC Press Books. This book was released on 2016-08-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. 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 Regained

Author : Wouter De Been
Publisher :
ISBN 13 : 9780804787529
Total Pages : 249 pages
Book Rating : 4.7/5 (875 download)

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Book Synopsis Legal Realism Regained by : Wouter De Been

Download or read book Legal Realism Regained written by Wouter De Been and published by . This book was released on 2008 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the end of the 20th century. It argues for a return to legal realism and the classical pragmatism of John Dewey and William James, and for a rejection of the postmodern critique of critical legal studies.

The New Legal Realism: Volume 1

Author : Elizabeth Mertz
Publisher : Cambridge University Press
ISBN 13 : 9781107415539
Total Pages : 0 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis The New Legal Realism: Volume 1 by : Elizabeth Mertz

Download or read book The New Legal Realism: Volume 1 written by Elizabeth Mertz and published by Cambridge University Press. This book was released on 2017-05-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Jurisprudence

Author : Karl N. Llewellyn
Publisher : Transaction Publishers
ISBN 13 : 1412813786
Total Pages : 549 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis Jurisprudence by : Karl N. Llewellyn

Download or read book Jurisprudence written by Karl N. Llewellyn and published by Transaction Publishers. This book was released on 2011-12-31 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on Modern Legal Realism

Author : Shauhin Talesh
Publisher : Edward Elgar Publishing
ISBN 13 : 1788117778
Total Pages : 544 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Modern Legal Realism by : Shauhin Talesh

Download or read book Research Handbook on Modern Legal Realism written by Shauhin Talesh and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Realism and American Law

Author : Justin Zaremby
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1441135723
Total Pages : 192 pages
Book Rating : 4.4/5 (411 download)

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Book Synopsis Legal Realism and American Law by : Justin Zaremby

Download or read book Legal Realism and American Law written by Justin Zaremby and published by Bloomsbury Publishing USA. This book was released on 2013-12-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Jurisprudence

Author : Karl Llewellyn
Publisher : Routledge
ISBN 13 : 1351510398
Total Pages : 549 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Jurisprudence by : Karl Llewellyn

Download or read book Jurisprudence written by Karl Llewellyn and published by Routledge. This book was released on 2017-09-04 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Realisms

Author : Christine Holbo
Publisher : Oxford University Press
ISBN 13 : 0190604557
Total Pages : 384 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Legal Realisms by : Christine Holbo

Download or read book Legal Realisms written by Christine Holbo and published by Oxford University Press. This book was released on 2019-08-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: United States historians have long regarded the U.S. Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. Emblematic of this moment was the post-war search for a "Great American Novel"--a novel fully adequate to the breadth and diversity of the United States in the era of the Fourteenth Amendment. While the passage of the Reconstruction Amendments declared the ideal of equality before the law a reality, persistent and increasing inequality challenged idealists and realists alike. The controversy over what full representation should mean sparked debates about the value of cultural difference and aesthetic dissonance, and it led to a thoroughgoing reconstruction of the meaning of "realism" for readers, writers, politics, and law. The dilemmas of incomplete emancipation, which would damage and define American life from the late nineteenth century onwards, would also force novelists to reconsider the definition and possibilities of the novel as a genre of social representation. Legal Realisms examines these transformations in the face of uneven developments in the racial, ethnic, gender and class structure of American society. Offering provocative new readings of Mark Twain, Henry James, William Dean Howells, Helen Hunt Jackson, Albion Tourgée and others, Christine Holbo explores the transformation of the novel's distinctive modes of social knowledge in relation to developments in art, philosophy, law, politics, and moral theory. As Legal Realisms follows the novel through the worlds of California Native American removal and the Reconstruction-era South, of the Mississippi valley and the urban Northeast, this study shows how violence, prejudice, and exclusion haunted the celebratory literatures of national equality, but it demonstrates as well the way novelists' representation of the difficulty of achieving equality before the law helped Americans articulate the need for a more robust concept of social justice.

Legal Realism

Author : Michael Martin
Publisher : Peter Lang Incorporated, International Academic Publishers
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Realism by : Michael Martin

Download or read book Legal Realism written by Michael Martin and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1997 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the most important movements in twentieth century legal thought, legal realism continues to be a source of controversy and inspiration. This study provides the first critical comparison and evaluation of American and Scandinavian legal realism. Presenting, evaluating, and reformulating the basic ideas of American legal realists such as Karl Llewllyn, Walter Wheeler Cook, Herman Oliphant, Jerome Frank, and Underhill Moore in the first part of the book, the author devotes the second part to a critical appraisal and reformulation of the major doctrines of Scandinavian legal realists such as Axel Hägerström, A. V. Lundstedt, Karl Olivecrona, and Alf Ross. The book also reveals the misunderstanding of legal realism by legal philosophers such as H. L. A. Hart and Ronald Dworkin and the connections of legal realism to the critical legal studies movement.

Morgenthau, Law and Realism

Author : Oliver Jütersonke
Publisher : Cambridge University Press
ISBN 13 : 113949130X
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Morgenthau, Law and Realism by : Oliver Jütersonke

Download or read book Morgenthau, Law and Realism written by Oliver Jütersonke and published by Cambridge University Press. This book was released on 2010-08-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although he is widely regarded as the 'founding father' of realism in International Relations, this book argues that Hans J. Morgenthau's legal background has largely been neglected in discussions of his place in the 'canon' of IR theory. Morgenthau was a legal scholar of German-Jewish origins who arrived in the United States in 1938. He went on to become a distinguished professor of Political Science and a prominent commentator on international affairs. Rather than locate Morgenthau's intellectual heritage in the German tradition of 'Realpolitik', this book demonstrates how many of his central ideas and concepts stem from European and American legal debates of the 1920s and 1930s. This is an ambitious attempt to recast the debate on Morgenthau and will appeal to IR scholars interested in the history of realism as well as international lawyers engaged in debates regarding the relationship between law and politics, and the history of International Law.

Legal Realism Regained

Author : Wouter de Been
Publisher : Jurists: Profiles in Legal The
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Legal Realism Regained by : Wouter de Been

Download or read book Legal Realism Regained written by Wouter de Been and published by Jurists: Profiles in Legal The. This book was released on 2008 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Russian Legal Realism

Author : Bartosz Brożek
Publisher : Springer
ISBN 13 : 3319988212
Total Pages : 176 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Russian Legal Realism by : Bartosz Brożek

Download or read book Russian Legal Realism written by Bartosz Brożek and published by Springer. This book was released on 2019-01-07 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.

Legal Realism and Justice

Author : Edwin Norman Garlan
Publisher :
ISBN 13 :
Total Pages : 186 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Legal Realism and Justice by : Edwin Norman Garlan

Download or read book Legal Realism and Justice written by Edwin Norman Garlan and published by . This book was released on 1941 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism

Author : Pierluigi Chiassoni
Publisher : Springer Nature
ISBN 13 : 3030581861
Total Pages : 204 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Judges and Adjudication in Constitutional Democracies: A View from Legal Realism by : Pierluigi Chiassoni

Download or read book Judges and Adjudication in Constitutional Democracies: A View from Legal Realism written by Pierluigi Chiassoni and published by Springer Nature. This book was released on 2020-12-11 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.

Critical Race Realism

Author : Gregory S. Parks
Publisher :
ISBN 13 : 9781595584823
Total Pages : 0 pages
Book Rating : 4.5/5 (848 download)

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Book Synopsis Critical Race Realism by : Gregory S. Parks

Download or read book Critical Race Realism written by Gregory S. Parks and published by . This book was released on 2010-02-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of differential treatment under the law for people of different races continue to play out in daily life as well as on the front page news. This book examines the psychology behind racial bias in the criminal justice system and offers practical solutions. Edited by brilliant young African-American legal scholars and social scientists, this anthology includes both seminal pieces on the topic as well as brand-new writing that deepens this exciting field of work. Richard Delgado, widely considered the leading figure in Critical Race Theory, provides the foreword.