American Legal Realism

Overview

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, ...
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Overview

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.
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Product Details

  • ISBN-13: 9780195071221
  • Publisher: Oxford University Press, USA
  • Publication date: 10/1/1993
  • Pages: 344
  • Product dimensions: 6.25 (w) x 9.50 (h) x 1.06 (d)

Meet the Author

both at Harvard Law School

Assistant District Attorney, Norfolk County, Massachusetts

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Table of Contents

Introduction
Note on the Texts
1 Antecedents 3
The Common Law (1881) 9
"The Origin and Scope of the American Doctrine of Constitutional Law" (1893) 10
"The Path of the Law" (1897) 15
Lochner v. New York (1905) (Holmes, J., dissenting) 25
"Liberty of Contract" (1909) 27
The Nature and Sources of the Law (1909) 34
"Law in Books and Law in Action" (1910) 39
"Some Fundamental Legal Conceptions as Applied in Judicial Reasoning" (1913) 45
2 The Struggle over the Meaning of Realism 49
"A Realistic Jurisprudence - The Next Step" (1930) 53
"The Call for a Realist Jurisprudence" (1931) 59
"Some Realism About Realism - Responding to Dean Pound" (1931) 68
3 Contracts and the Market 76
"Offer and Acceptance, and Some of the Resulting Legal Relations" (1917) 80
"The Standardizing of Contracts" (1917) 82
"What Price Contract? - An Essay in Perspective" (1931) 86
"The Reliance Interest In Contract Damages" (1936-1937) 88
4 The Critique of the Public/Private Distinction 98
"Coercion and Distribution in a Supposedly Non-Coercive State" (1923) 101
"Property and Sovereignty" (1927) 109
"Law Making by Private Groups" (1937) 115
M. Witmark & Son v. Fred Fisher Music Co. (1942) (Frank, J., dissenting) 121
5 Law and Organizational Society 130
Vegelahn v. Guntner (1896) 136
"The Basis of Vicarious Liability" (1917) 140
International News Service v. Associated Press (1918) 147
"The Historic Background of Corporate Legal Personality" (1926) 153
The Modern Corporation and Private Property (1932) 155
The Administrative Process (1938) 159
6 Legal Reasoning 164
The Nature of the Judicial Process (1921) 172
Pennsylvania Coal Company v. Mahon (1922) 178
"Logical Method and Law" (1924) 185
The Theory of Judicial Decision: Or How Judges Think" (1925) 195
"A Return to Stare Decisis" (1928) 199
"The Judgment Intuitive: The Function of the 'Hunch' in Judicial Decision" (1929) 202
Law and the Modern Mind (1930) 205
"Transcendental Nonsense and the Functional Approach" (1935) 212
"Remarks on the Theory of Appellate Decision and the Rules or Canons About How Statutes Are to Be Construed" (1950) 228
7 Law as Social Science 232
Brief for Defendant in Error, Muller v. Oregon (1908) 237
"Scientific Method and the Law" (1927) 242
The Cheyenne Way (1941) 251
"Law and Learning Theory: A Study in Legal Control" (1943) 265
8 Legal Education and Legal Scholarship 270
Summary of Studies in Legal Education (1929) 274
"Institute Priests and Yale Observers - A Reply to Dean Goodrich" (1936) 283
"Goodbye to Law Reviews" (1936) 290
Notes 295
Bibliography 319
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