Jurisprudence

Overview

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as...

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Overview

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.

Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors—social, cultural, historical, and psychological, to name a few—are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.

Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.

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Product Details

  • ISBN-13: 9781412807869
  • Publisher: Transaction Publishers
  • Publication date: 4/15/2008
  • Pages: 552
  • Product dimensions: 5.90 (w) x 8.80 (h) x 1.30 (d)

Meet the Author

Karl N. Llewellyn (1893-1962) was professor at the University of Chicago Law School. His work focused mostly on the topic of legal realism. In addition to this title he is the author of The Bramble Bush: On Our Law and Its Study, The Cheyenne Way, The Common Law Tradition-Deciding Appeals, and The Case Law System in America.

The author of the new introduction, James J. Chriss is professor of sociology at Cleveland State University.

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Table of Contents


Introduction to the Transaction Edition     vii
Preface     xvii
Realism     1
A Realistic Jurisprudence: The Next Step     3
Some Realism about Realism     42
Legal Tradition and Social Science Method     77
Frank's Law and the Modern Mind     101
Natural Law for Judges     111
Impressions of the Conference on Precedent     116
On Reading and Using the Newer Jurisprudence     128
On the Good, the True, the Beautiful, in Law     167
On the Current Recapture of the Grand Tradition     215
Institution, Rules, and Craft     231
On the Nature of an Institution     233
The Bar's Troubles, and Poultices-and Cures?     243
American Common Law Tradition, and American Democracy     282
The Crafts of Law Re-valued     316
The Modern Approach to Counselling and Advocacy     323
Law and the Social Sciences-Especially Sociology     352
The Content of a Jurisprudence Course     372
The Study of Law as a Liberal Art     375
Controlling Behavior: How and Why?     397
Law Observance Versus Law Enforcement     399
Theft as a Behavior Problem     412
Who Are These Accused?     431
The Anthropology of Criminal Guilt     439
Group Prejudice and Social Education     451
Yes, It Takes Mass Production     468
The Law, Human Dignity, and Human Civilization     476
What Law Cannot Do for Inter-Racial Peace     480
Men     489
Wesley Newcomb Hohfeld-Teacher     491
Roscoe Pound     495
Mr. Justice Holmes     507
Holmes     513
Index     521
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