Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

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Overview

Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as an influential proponent of the relevance of the naturalistic turn in philosophy to the problem of legal philosophy. This volume collects newly revised versions of nine of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. The volume also includes a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers.

About the Author:
Brian Leiter is the Hines H. Baker & Thelma Kelley Baker Chair and Director of the Law and Philosophy Program at The University of Texas at Austin

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Editorial Reviews

From the Publisher
"[A] work that goes well beyond the individual essays to present a trenchant, multi-faceted and mutually-reinforcing set of challenges to core views and methodologies that are prevalent in the field.... the book is also agenda-setting: it clarifies the impact that naturalistic developments in philosophy can have on core questions in analytic jurisprudence, while gesturing towards a larger and partly empirical project aimed at working out the full scope of these consequences for legal epistemology, the nature of law, and the objectivity of legal judgment.... an important book by one of the most influential legal philosophers of our time."—Robin Bradley Kar, Notre Dame Philosophical Reviews

"This book will confirm Brian Leiter 's place in the front rank of legal theorists in the world today. Leiter is not just someone who writes well about what others have said. He has carved out a new path in legal theory, and set new standards for critical analysis and insight along the way."—Jeremy Horder, Law Commissioner for England and Wales and Professor of Criminal Law, Oxford University

UNEDITED UK REVIEW: "This book will confirm Brian Leiter 's place in the front rank of legal theorists in the world today. Leiter is not just someone who writes well about what others have said. He has carved out a new path in legal theory, and set new standards for critical analysis and insight along the way."—Jeremy Horder, Law Commissioner for England and Wales and Professor of Criminal Law, Oxford University

"[Naturalizing Jurisprudence is a work that goes well beyond the individual essays to present a trenchant, multi-faceted and mutually-reinforcing set of challenges to core views and methodologies that are prevalent in the field...This is thus an important book by one of the most influential legal philosophers of our time." —Robin Bradley Kar, University of Illinois at Urbana-Champaign

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Product Details

  • ISBN-13: 9780199206490
  • Publisher: Oxford University Press
  • Publication date: 5/17/2007
  • Edition description: New Edition
  • Pages: 275
  • Product dimensions: 9.10 (w) x 6.10 (h) x 0.60 (d)

Meet the Author

Brian Leiter is Hines H. Baker & Thelma Kelley Baker Chair and Director of the Law and Philosophy Program, The University of Texas at Austin

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Table of Contents


Acknowledgements     vii
Sources     ix
Introduction: From Legal Realism to Naturalized Jurisprudence     1
A Note on Legal Indeterminacy     9
American Legal Realism and Its Critics
Rethinking Legal Realism: Toward a Naturalized Jurisprudence (1997)     15
Legal Realism and Legal Positivism Reconsidered (2001)     59
Is There an "American" Jurisprudence? (1997)     81
Interpreting Legal Realism     103
Ways of Naturalizing Jurisprudence
Legal Realism, Hard Positivism, and the Limits of Conceptual Analysis (1998, 2001)     121
Why Quine is Not a Postmodernist (1997)     137
Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence (2003)     153
Science and Methodology in Legal Theory     183
Naturalism, Morality, and Objectivity
Moral Facts and Best Explanations (2001)     203
Objectivity, Morality, and Adjudication (2001)     225
Law and Objectivity (2002)     257
Index     277
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