American Legal Realism and Empirical Social Science

Author: John Henry Schlegel

Publisher: Univ of North Carolina Press

ISBN: 0807864366

Category: History

Page: 432

View: 2826

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.
Posted in History

American Legal Realism

Skepticism, Reform, and the Judicial Process

Author: Wilfrid E. Rumble

Publisher: N.A

ISBN: N.A

Category: Judicial process

Page: 245

View: 525

Posted in Judicial process

Legal Realism

American and Scandinavian

Author: Michael Martin

Publisher: Peter Lang Pub Incorporated

ISBN: N.A

Category: Law

Page: 242

View: 2649

Martin (philosophy, Boston U.) critically compares and evaluates two versions of an important movement in early 20th-century legal thought. For both he recounts its origins and early development, surveys its main proponents, and considers it as a research program. He also looks at its influence on critical legal studies. Annotation c. by Book News, Inc., Portland, Or.
Posted in Law

Legal Realism and American Law

Author: Justin Zaremby

Publisher: Bloomsbury Publishing USA

ISBN: 1441135723

Category: Political Science

Page: 192

View: 9727

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.
Posted in Political Science

Reconstructing American Legal Realism & Rethinking Private Law Theory

Author: Hanoch Dagan

Publisher: Oxford University Press

ISBN: 0199890692

Category: Law

Page: 236

View: 4893

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.
Posted in Law

Common law

Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 9981

Posted in Common law

American Legal Realism

Author: William W. Fisher, III,Morton J. Horwitz

Publisher: Oxford University Press

ISBN: 9780195071238

Category: History

Page: 326

View: 1235

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.
Posted in History

Naturalizing Jurisprudence

Essays on American Legal Realism and Naturalism in Legal Philosophy

Author: Brian Leiter

Publisher: Oxford University Press on Demand

ISBN: 9780199206490

Category: Law

Page: 287

View: 6955

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

The Legal Realism of Jerome N. Frank

A Study of Fact-Skepticism and the Judicial Process

Author: Julius Paul

Publisher: Springer

ISBN: 9401194939

Category: Law

Page: 177

View: 7790

Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.
Posted in Law

Pragmatismus, Pluralismus, Realismus

essayistische Abhandlungen zu den wissenschaftsphilosophischen Grundlagen für eine integrale Jurisprudenz sowie ergänzende rechtsphilosophische Anhänge

Author: Michael Walter Hebeisen

Publisher: BoD – Books on Demand

ISBN: 3833425857

Category:

Page: 860

View: 7239

Posted in

Law in a Social Context

Liber Amicorum Honouring Professor Lon L. Fuller

Author: Lon Luvois Fuller,Thomas W. Bechtler

Publisher: Brill Archive

ISBN: 9789026809736

Category: Law

Page: 228

View: 7377

Posted in Law

Law, Society, and History

Themes in the Legal Sociology and Legal History of Lawrence M. Friedman

Author: Robert W. Gordon,Morton J. Horwitz

Publisher: Cambridge University Press

ISBN: 1139498126

Category: Law

Page: N.A

View: 3515

This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history and the general sociology of law and legal change.
Posted in Law

Thinking Like a Lawyer

Author: Frederick Schauer

Publisher: Harvard University Press

ISBN: 0674032705

Category: Law

Page: 239

View: 2560

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
Posted in Law

Law and Politics

A Dilemma for Contemporary Legal Theory

Author: Mauro Zamboni

Publisher: Springer Science & Business Media

ISBN: 3540739262

Category: Law

Page: 166

View: 770

This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.
Posted in Law

A Real Mind

The Life and Work of Axel Hägerström

Author: Patricia Mindus

Publisher: Springer Science & Business Media

ISBN: 9789048128952

Category: Philosophy

Page: 271

View: 5520

This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.
Posted in Philosophy