American Legal Realism and Empirical Social Science

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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

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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

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Publisher : UNC Press Books
ISBN 13 : 1469620758
Total Pages : 277 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 277 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.

Research Handbook on Modern Legal Realism

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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 Realisms

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Publisher : Oxford University Press
ISBN 13 : 019093591X
Total Pages : 465 pages
Book Rating : 4.1/5 (99 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 465 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.

The New Legal Realism: Volume 1

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Publisher : Cambridge University Press
ISBN 13 : 9781107071131
Total Pages : 0 pages
Book Rating : 4.0/5 (711 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 2016-05-03 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.

Natural Law and Thomistic Juridical Realism

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Publisher : CUA Press
ISBN 13 : 0813235502
Total Pages : 328 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Natural Law and Thomistic Juridical Realism by : Petar Popovic

Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Russian Legal Realism

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Publisher : Springer
ISBN 13 : 3319988212
Total Pages : 183 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 183 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 American Law

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 1441191011
Total Pages : 260 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 260 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.

Legal Realism to Law in Action

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Publisher : Quid Pro Books
ISBN 13 : 1610274393
Total Pages : 365 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Legal Realism to Law in Action by : William Clune

Download or read book Legal Realism to Law in Action written by William Clune and published by Quid Pro Books. This book was released on 2021-12-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book of papers and interviews about innovative law school courses developed by faculty of the Wisconsin Law School from 1950 to 1970 that forged a path from legal realism to law and social science. These courses took a “law in action” approach to the study of law which became a signature feature of the school’s tradition from that time to the present day. “The Legal Realists of the 1920s and 30s taught that the law that mattered was the law in action, as applied by ordinary officials and experienced by ordinary people. But they mostly failed to get their program adopted as part of professional education alongside the study of appellate cases. Only at Wisconsin—thanks to a cluster of great scholar-teachers in Willard Hurst, Frank Remington, Herman Goldstein, Stewart Macaulay, Bill Whitford, and their collaborators—has the Realist vision been fully and splendidly realized in law teaching. This is the story of that thrilling experiment.” — Robert W. Gordon, Professor of Law Emeritus, Stanford University; Chancellor Kent Professor Emeritus of Law and Legal History, Yale Law School “This book is a must read for anyone interested in the history of the law and society movement and the unique role that the University of Wisconsin Law School has played in that tradition. In a series of essays by and interviews of current and former Wisconsin law teachers, the creativity of Wisconsin’s challenge to the traditional legal academy comes alive.” — Lauren Edelman, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, Berkeley "In a time when an increasing number of law schools characterize themselves as bastions of 'law in action,' this volume provides a bracing reminder of a more precise vision. That vision was rooted in the legal realist tradition during an earlier 'golden age' of sociolegal thought at the University of Wisconsin Law School. In this important book, we hear vivid accounts of the innovative law teaching during that time, which took realist discoveries seriously—in Contracts, Legal Process, Legal History, and Criminal Law.” — Elizabeth Mertz, Research Professor, American Bar Foundation; John and Rylla Bosshard Professor Emerita, UW-Madison Law School

Morgenthau, Law and Realism

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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.

Jurisprudence ; Realism in Theory and Practice

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Publisher :
ISBN 13 :
Total Pages : 531 pages
Book Rating : 4.:/5 (848 download)

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Book Synopsis Jurisprudence ; Realism in Theory and Practice by : Karl Nickerson Llewellyn

Download or read book Jurisprudence ; Realism in Theory and Practice written by Karl Nickerson Llewellyn and published by . This book was released on 1971 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Naturalizing Jurisprudence

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199206490
Total Pages : 0 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Naturalizing Jurisprudence by : Brian Leiter

Download or read book Naturalizing Jurisprudence written by Brian Leiter and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 revisedversions 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 themethodology 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 tochallenges 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.

Legal Realism Regained

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Publisher :
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 . 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.

The Atlantic Realists

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Publisher : Stanford University Press
ISBN 13 : 150362997X
Total Pages : 409 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Atlantic Realists by : Matthew Specter

Download or read book The Atlantic Realists written by Matthew Specter and published by Stanford University Press. This book was released on 2022-02-08 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Atlantic Realists, intellectual historian Matthew Specter offers a boldly revisionist interpretation of "realism," a prevalent stance in post-WWII US foreign policy and public discourse and the dominant international relations theory during the Cold War. Challenging the common view of realism as a set of universally binding truths about international affairs, Specter argues that its major features emerged from a century-long dialogue between American and German intellectuals beginning in the late nineteenth century. Specter uncovers an "Atlantic realist" tradition of reflection on the prerogatives of empire and the nature of power politics conditioned by fin de siècle imperial competition, two world wars, the Holocaust, and the Cold War. Focusing on key figures in the evolution of realist thought, including Carl Schmitt, Hans Morgenthau, and Wilhelm Grewe, this book traces the development of the realist worldview over a century, dismantling myths about the national interest, Realpolitik, and the "art" of statesmanship.

The Law in Quest of Itself

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770163
Total Pages : 190 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis The Law in Quest of Itself by : Lon L. Fuller

Download or read book The Law in Quest of Itself written by Lon L. Fuller and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.

The Cambridge Companion to Legal Positivism

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Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.