Karl Llewellyn and the Realist Movement

Karl Llewellyn and the Realist Movement
Author :
Publisher : Cambridge University Press
Total Pages : 667
Release :
ISBN-10 : 9781107023383
ISBN-13 : 1107023386
Rating : 4/5 (83 Downloads)

Synopsis Karl Llewellyn and the Realist Movement by : William Twining

First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.

The Theory of Rules

The Theory of Rules
Author :
Publisher : University of Chicago Press
Total Pages : 165
Release :
ISBN-10 : 9780226487953
ISBN-13 : 0226487954
Rating : 4/5 (53 Downloads)

Synopsis The Theory of Rules by : Karl N. Llewellyn

Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.

The Common Law Tradition

The Common Law Tradition
Author :
Publisher : Quid Pro Books
Total Pages : 554
Release :
ISBN-10 : 9781610273008
ISBN-13 : 1610273001
Rating : 4/5 (08 Downloads)

Synopsis The Common Law Tradition by : Karl N. Llewellyn

Jurist in Context

Jurist in Context
Author :
Publisher : Cambridge University Press
Total Pages : 415
Release :
ISBN-10 : 9781108480970
ISBN-13 : 1108480977
Rating : 4/5 (70 Downloads)

Synopsis Jurist in Context by : William Twining

A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.

Law and the Modern Mind

Law and the Modern Mind
Author :
Publisher : Taylor & Francis
Total Pages : 449
Release :
ISBN-10 : 9781351509565
ISBN-13 : 135150956X
Rating : 4/5 (65 Downloads)

Synopsis Law and the Modern Mind by : Jerome Frank

Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

Renmin Chinese Law Review

Renmin Chinese Law Review
Author :
Publisher : Edward Elgar Publishing
Total Pages : 329
Release :
ISBN-10 : 9781782544357
ISBN-13 : 1782544356
Rating : 4/5 (57 Downloads)

Synopsis Renmin Chinese Law Review by : Jichun Shi

Renmin Chinese Law Review, Vol. 1 is the first work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China. Volume 1 addresses topics such as the law theory of public interest, as well as issues pertaining to the Chinese legal systems implementation of WTO laws. All of the contributions provide useful insights for those wishing to explore Chinas increasing influence in international law and politics as well Chinas recent legal reforms. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of diplomatic communities as well as legal professionals interested in China.

The Canon of American Legal Thought

The Canon of American Legal Thought
Author :
Publisher : Princeton University Press
Total Pages : 936
Release :
ISBN-10 : 9780691186429
ISBN-13 : 0691186421
Rating : 4/5 (29 Downloads)

Synopsis The Canon of American Legal Thought by : David Kennedy

This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

American Legal Realism

American Legal Realism
Author :
Publisher : OUP USA
Total Pages : 344
Release :
ISBN-10 : 0195071239
ISBN-13 : 9780195071238
Rating : 4/5 (39 Downloads)

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

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.

How to Do Things with Rules

How to Do Things with Rules
Author :
Publisher : Cambridge University Press
Total Pages : 451
Release :
ISBN-10 : 9781139488242
ISBN-13 : 1139488244
Rating : 4/5 (42 Downloads)

Synopsis How to Do Things with Rules by : William Twining

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.