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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American Legal Realism

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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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Editorial Reviews

From the Publisher

"[A] highly useful collection....The selections chosen for inclusion, the introductory discussion of each section, and the extensive citations all make this an essential volume for the study of law in American society."--American Studies International

"A very thoughtful selection of pre-Realist and Realist essays with marvelous introductory notes. Not just a useful teaching tool, but a valuable addition to understanding Realism."--Gregory Mark, Chicago-Kent College of Law

"This carefully selected and expertly edited collection of Realist texts should serve both students and their professors very well. It may well become a standard book for legal history courses."--Norman Rosenberg, Macalester College

"Very useful in teaching American legal history."--Louise Halper, Washington and Lee Law School

"Wonderful and very well edited. Every law student should read it."--Eric Lane, Hofstra Law School

"A very helpful collection of well chosen materials."--Ray Forrester, University of California, Hastings

"An excellent collection of materials which will be an invaluable resource in my teaching."--Jeff Powell, Duke University

"High powered stuff!...Well done!"--David Robinson, University of Houston-Downtown

"Comprehensive and rounded."--Thomas G. Barnes, University of California, Berkeley

"Realism remade the landscape of our law; in today's new world of transcendental nonsense, we ignore the Realists at our peril. Too many do, and this book is therefore essential. No one should leave law school without it."--Eben Moglen, Columbia Law School

"Good collection of writings and thoughts on the subject."--Sally Jo Vasicko, Ball State University

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Product Details

  • ISBN-13: 9780199879335
  • Publisher: Oxford University Press, USA
  • Publication date: 9/11/1993
  • Sold by: Barnes & Noble
  • Format: eBook
  • File size: 3 MB

Meet the Author

Edited by William W. Fisher, III, Professor of Law, Director of the Harvard Program on Legal History, Morton J. Horwitz, Charles Warren Professor of the History of American Law, both at Harvard Law School, United States, and Thomas A. Reed, Assistant District Attorney, 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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