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Karl Llewellyn and the Realist Movement

Author : William Twining
Publisher : Cambridge University Press
Page : 667 pages
File Size : 31,32 MB
Release : 2012-09-17
Category : Biography & Autobiography
ISBN : 1107023386

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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.

Karl Llewellyn and the Realist Movement

Author : Quain Professor of Jurisprudence William Twining
Publisher :
Page : 666 pages
File Size : 22,62 MB
Release : 2014-05-14
Category : BIOGRAPHY & AUTOBIOGRAPHY
ISBN : 9781139526272

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An intellectual biography of Karl Llewellyn, originally published in 1973. Includes a preface by Frederick Schauer and an afterword by William Twining.

The Common Law Tradition

Author : Karl N. Llewellyn
Publisher : Quid Pro Books
Page : 554 pages
File Size : 38,72 MB
Release : 2016-05-21
Category : Law
ISBN : 1610273001

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The Theory of Rules

Author : Karl N. Llewellyn
Publisher : University of Chicago Press
Page : 165 pages
File Size : 22,21 MB
Release : 2011-04
Category : Education
ISBN : 0226487954

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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.

Law and the Modern Mind

Author : Jerome Frank
Publisher : Routledge
Page : 494 pages
File Size : 30,42 MB
Release : 2017-07-12
Category : Law
ISBN : 1351509551

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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.

Jurist in Context

Author : William Twining
Publisher : Cambridge University Press
Page : 415 pages
File Size : 12,18 MB
Release : 2019-02-14
Category : Biography & Autobiography
ISBN : 1108480977

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

The Canon of American Legal Thought

Author : David Kennedy
Publisher : Princeton University Press
Page : 936 pages
File Size : 40,94 MB
Release : 2018-06-05
Category : Law
ISBN : 0691186421

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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

Author : William W. Fisher, III
Publisher : OUP USA
Page : 344 pages
File Size : 49,82 MB
Release : 1995-02-23
Category : Law
ISBN : 9780195071238

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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.

Samples of Lawmaking

Author : Patrick Baron Devlin
Publisher :
Page : 136 pages
File Size : 13,21 MB
Release : 1962
Category : Commercial law
ISBN :

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