The Pragmatic Turn In Law

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The Pragmatic Turn in Law

Author : Janet Giltrow
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 150150472X
Total Pages : 384 pages
Book Rating : 4.5/5 (15 download)

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Book Synopsis The Pragmatic Turn in Law by : Janet Giltrow

Download or read book The Pragmatic Turn in Law written by Janet Giltrow and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-06-12 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.

The Pragmatic Turn

Author : Richard J. Bernstein
Publisher : John Wiley & Sons
ISBN 13 : 0745659454
Total Pages : 280 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis The Pragmatic Turn by : Richard J. Bernstein

Download or read book The Pragmatic Turn written by Richard J. Bernstein and published by John Wiley & Sons. This book was released on 2013-04-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this major new work, Richard J. Bernstein argues that many of the most important themes in philosophy during the past one hundred and fifty years are variations and developments of ideas that were prominent in the classical American pragmatists: Charles S. Peirce, William James, John Dewey and George H Mead. Pragmatism begins with a thoroughgoing critique of the Cartesianism that dominated so much of modern philosophy. The pragmatic thinkers reject a sharp dichotomy between subject and object, mind-body dualism, the quest for certainty and the spectator theory of knowledge. They seek to bring about a sea change in philosophy that highlights the social character of human experience and normative social practices, the self-correcting nature of all inquiry, and the continuity of theory and practice. And they-especially James, Dewey, and Mead-emphasize the democratic ethical-political consequences of a pragmatic orientation. Many of the themes developed by the pragmatic thinkers were also central to the work of major twentieth century philosophers like Wittgenstein and Heidegger, but the so-called analytic-continental split obscures this underlying continuity. Bernstein develops an alternative reading of contemporary philosophy that brings out the persistence and continuity of pragmatic themes. He critically examines the work of leading contemporary philosophers who have been deeply influenced by pragmatism, including Hilary Putnam, Jürgen Habermas, Richard Rorty, and Robert Brandom, and he explains why the discussion of pragmatism is so alive, varied and widespread. This lucid, wide-ranging book by one of America's leading philosophers will be compulsory reading for anyone who wants to understand the state of philosophy today.

Pragmatism and Law

Author : Michal Alberstein
Publisher : Routledge
ISBN 13 : 1351909282
Total Pages : 546 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Pragmatism and Law by : Michal Alberstein

Download or read book Pragmatism and Law written by Michal Alberstein and published by Routledge. This book was released on 2017-03-02 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.

Law, Pragmatism, and Democracy

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042292
Total Pages : 428 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner

Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Pluralism and the Pragmatic Turn

Author : William Rehg
Publisher : MIT Press
ISBN 13 : 0262264307
Total Pages : 465 pages
Book Rating : 4.2/5 (622 download)

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Book Synopsis Pluralism and the Pragmatic Turn by : William Rehg

Download or read book Pluralism and the Pragmatic Turn written by William Rehg and published by MIT Press. This book was released on 2001-09-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume reflect on and expand Frankfurt School critical theory as reformulated after World War II by Karl-Otto Apel, Jürgen Habermas, and others. Frankfurt School critical theory since the pragmatic turn has become a richer source of critical analysis that is at the same time socially and politically more effective. The essays are dedicated to Thomas McCarthy, who has done perhaps more than any other scholar to introduce English-speaking audiences to contemporary German critical theory. The book is organized into three parts. Part one deals with social theory and the rational basis of communication, including basic issues raised by the pragmatic turn. Part two examines conceptions of autonomy and the self. Part three deals with political theory, focusing on problems stemming from sociocultural pluralism. Together, the essays provide an overview of the latest developments in Frankfurt School critical theory as it responds to the challenges of pragmatism and social pluralism.

The Pragmatic Turn in Philosophy

Author : William Egginton
Publisher : State University of New York Press
ISBN 13 : 0791485137
Total Pages : 269 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis The Pragmatic Turn in Philosophy by : William Egginton

Download or read book The Pragmatic Turn in Philosophy written by William Egginton and published by State University of New York Press. This book was released on 2012-02-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates that the divisions between analytic and continental philosophy are being replaced by a transcontinental desire to address common problems in a common idiom.

Pragmatics and Law

Author : Alessandro Capone
Publisher : Springer
ISBN 13 : 3319303856
Total Pages : 267 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Pragmatics and Law by : Alessandro Capone

Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

Pragmatics and Law

Author : Francesca Poggi
Publisher : Springer
ISBN 13 : 3319446010
Total Pages : 476 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Pragmatics and Law by : Francesca Poggi

Download or read book Pragmatics and Law written by Francesca Poggi and published by Springer. This book was released on 2016-12-01 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?

A Pragmatic Analysis of Legal Proofs of Criminal Intent

Author : Sol Azuelos-Atias
Publisher : John Benjamins Publishing
ISBN 13 : 9027292159
Total Pages : 193 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis A Pragmatic Analysis of Legal Proofs of Criminal Intent by : Sol Azuelos-Atias

Download or read book A Pragmatic Analysis of Legal Proofs of Criminal Intent written by Sol Azuelos-Atias and published by John Benjamins Publishing. This book was released on 2007-07-26 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant’s intention. There can be no doubt that this subject is worthy of a thorough investigation. A person’s intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses’ testimonies. The defendant’s intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.

Humean Laws for Human Agents

Author : Michael Townsen Hicks
Publisher : Oxford University Press
ISBN 13 : 0192645994
Total Pages : 301 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Humean Laws for Human Agents by : Michael Townsen Hicks

Download or read book Humean Laws for Human Agents written by Michael Townsen Hicks and published by Oxford University Press. This book was released on 2023-05-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research.

Knowledge of the Pragmatici

Author :
Publisher : BRILL
ISBN 13 : 900442573X
Total Pages : 396 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Knowledge of the Pragmatici by :

Download or read book Knowledge of the Pragmatici written by and published by BRILL. This book was released on 2020-03-31 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowledge of the pragmatici sheds new light on pragmatic normative literature (mainly from the religious sphere), a genre crucial for the formation of normative orders in early modern Ibero-America. Long underrated by legal historical scholarship, these media – manuals for confessors, catechisms, and moral theological literature – selected and localised normative knowledge for the colonial worlds and thus shaped the language of normativity. The eleven chapters of this book explore the circulation and the uses of pragmatic normative texts in the Iberian peninsula, in New Spain, Peru, New Granada and Brazil. The book reveals the functions and intellectual achievements of pragmatic literature, which condensed normative knowledge, drawing on medieval scholarly practices of ‘epitomisation’, and links the genre with early modern legal culture. Contributors are: Manuela Bragagnolo, Agustín Casagrande, Otto Danwerth, Thomas Duve, José Luis Egío, Renzo Honores, Gustavo César Machado Cabral, Pilar Mejía, Christoph H. F. Meyer, Osvaldo Moutin, and David Rex Galindo.

Formalism and Pragmatism in American Law

Author : Thomas C. Grey
Publisher : BRILL
ISBN 13 : 9004272895
Total Pages : 270 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Formalism and Pragmatism in American Law by : Thomas C. Grey

Download or read book Formalism and Pragmatism in American Law written by Thomas C. Grey and published by BRILL. This book was released on 2014-09-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Formalism and Pragmatism in American Law Thomas Grey analyzes how these two influential modes of legal thought have influenced law in the United States since the late 19th Century.

Renascent Pragmatism

Author : Alfonso Morales
Publisher : Routledge
ISBN 13 : 1351904302
Total Pages : 395 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Renascent Pragmatism by : Alfonso Morales

Download or read book Renascent Pragmatism written by Alfonso Morales and published by Routledge. This book was released on 2017-07-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.

German Europe

Author : Ulrich Beck
Publisher : John Wiley & Sons
ISBN 13 : 0745669522
Total Pages : 73 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis German Europe by : Ulrich Beck

Download or read book German Europe written by Ulrich Beck and published by John Wiley & Sons. This book was released on 2013-04-24 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: The euro crisis is tearing Europe apart. But the heart of the matter is that, as the crisis unfolds, the basic rules of European democracy are being subverted or turned into their opposite, bypassing parliaments, governments and EU institutions. Multilateralism is turning into unilateralism, equality into hegemony, sovereignty into the dependency and recognition into disrespect for the dignity of other nations. Even France, which long dominated European integration, must submit to Berlin’s strictures now that it must fear for its international credit rating. How did this happen? The anticipation of the European catastrophe has already fundamentally changed the European landscape of power. It is giving birth to a political monster: a German Europe. Germany did not seek this leadership position - rather, it is a perfect illustration of the law of unintended consequences. The invention and implementation of the euro was the price demanded by France in order to pin Germany down to a European Monetary Union in the context of German unification. It was a quid pro quo for binding a united Germany into a more integrated Europe in which France would continue to play the leading role. But the precise opposite has happened. Economically the euro turned out to be very good for Germany, and with the euro crisis Chancellor Angela Merkel became the informal Queen of Europe. The new grammar of power reflects the difference between creditor and debtor countries; it is not a military but an economic logic. Its ideological foundation is ‘German euro nationalism’ - that is, an extended European version of the Deutschmark nationalism that underpinned German identity after the Second World War. In this way the German model of stability is being surreptitiously elevated into the guiding idea for Europe. The Europe we have now will not be able to survive in the risk-laden storms of the globalized world. The EU has to be more than a grim marriage sustained by the fear of the chaos that would be caused by its breakdown. It has to be built on something more positive: a vision of rebuilding Europe bottom-up, creating a Europe of the citizen. There is no better way to reinvigorate Europe than through the coming together of ordinary Europeans acting on their own behalf.

Legal Pragmatism

Author : Michael Sullivan
Publisher : Indiana University Press
ISBN 13 : 0253116988
Total Pages : 178 pages
Book Rating : 4.2/5 (531 download)

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Book Synopsis Legal Pragmatism by : Michael Sullivan

Download or read book Legal Pragmatism written by Michael Sullivan and published by Indiana University Press. This book was released on 2007-06-14 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Pragmatism, Michael Sullivan looks closely at the place of the individual and community in democratic society. After mapping out a brief history of American legal thinking regarding rights, from communitarianism to liberalism, Sullivan gives a rich and nuanced account of how pragmatism worked to resolve conflicts of self-interest and community well-being. Sullivan's view of pragmatism provides a comprehensive framework for understanding democracy, as well as issues such as health care, education, gay marriage, and illegal immigration that will determine its character in the future. Legal Pragmatism is a bold, carefully argued book that presents a unique understanding of contemporary society, law, and politics.

The Pragmatic Turn

Author : Andreas K. Engel
Publisher : MIT Press
ISBN 13 : 0262545772
Total Pages : 433 pages
Book Rating : 4.2/5 (625 download)

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Book Synopsis The Pragmatic Turn by : Andreas K. Engel

Download or read book The Pragmatic Turn written by Andreas K. Engel and published by MIT Press. This book was released on 2022-06-07 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts from a range of disciplines assess the foundations and implications of a novel action-oriented view of cognition. Cognitive science is experiencing a pragmatic turn away from the traditional representation-centered framework toward a view that focuses on understanding cognition as “enactive.” This enactive view holds that cognition does not produce models of the world but rather subserves action as it is grounded in sensorimotor skills. In this volume, experts from cognitive science, neuroscience, psychology, robotics, and philosophy of mind assess the foundations and implications of a novel action-oriented view of cognition. Their contributions and supporting experimental evidence show that an enactive approach to cognitive science enables strong conceptual advances, and the chapters explore key concepts for this new model of cognition. The contributors discuss the implications of an enactive approach for cognitive development; action-oriented models of cognitive processing; action-oriented understandings of consciousness and experience; and the accompanying paradigm shifts in the fields of philosophy, brain science, robotics, and psychology. Contributors Moshe Bar, Lawrence W. Barsalov, Olaf Blanke, Jeannette Bohg, Martin V. Butz, Peter F. Dominey, Andreas K. Engel, Judith M. Ford, Karl J. Friston, Chris D. Frith, Shaun Gallagher, Antonia Hamilton, Tobias Heed, Cecilia Heyes, Elisabeth Hill, Matej Hoffmann, Jakob Hohwy, Bernhard Hommel, Atsushi Iriki, Pierre Jacob, Henrik Jörntell, Jürgen Jost, James Kilner, Günther Knoblich, Peter König, Danica Kragic, Miriam Kyselo, Alexander Maye, Marek McGann, Richard Menary, Thomas Metzinger, Ezequiel Morsella, Saskia Nagel, Kevin J. O'Regan, Pierre-Yves Oudeyer, Giovanni Pezzulo, Tony J. Prescott, Wolfgang Prinz, Friedemann Pulvermüller, Robert Rupert, Marti Sanchez-Fibla, Andrew Schwartz, Anil K. Seth, Vicky Southgate, Antonella Tramacere, John K. Tsotsos, Paul F. M. J. Verschure, Gabriella Vigliocco, Gottfried Vosgerau

Anglo-American Philosophy of Law

Author : Beryl Harold Levy
Publisher : Transaction Publishers
ISBN 13 : 9781412817264
Total Pages : 192 pages
Book Rating : 4.8/5 (172 download)

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Book Synopsis Anglo-American Philosophy of Law by : Beryl Harold Levy

Download or read book Anglo-American Philosophy of Law written by Beryl Harold Levy and published by Transaction Publishers. This book was released on with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.