Jurisprudence

Jurisprudence
Title Jurisprudence PDF eBook
Author Karl Llewellyn
Publisher Routledge
Pages 773
Release 2017-09-04
Genre Law
ISBN 1351510398

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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.

A Realistic Theory of Law

A Realistic Theory of Law
Title A Realistic Theory of Law PDF eBook
Author Brian Z. Tamanaha
Publisher Cambridge University Press
Pages 211
Release 2017-04-24
Genre Law
ISBN 1107188423

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The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.

Sociological Jurisprudence and Realist Theories of Law

Sociological Jurisprudence and Realist Theories of Law
Title Sociological Jurisprudence and Realist Theories of Law PDF eBook
Author International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher
Pages 381
Release 1986
Genre
ISBN

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Jurisprudence ; Realism in Theory and Practice

Jurisprudence ; Realism in Theory and Practice
Title Jurisprudence ; Realism in Theory and Practice PDF eBook
Author Karl Nickerson Llewellyn
Publisher
Pages 531
Release 1971
Genre
ISBN

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Research Handbook on Modern Legal Realism

Research Handbook on Modern Legal Realism
Title Research Handbook on Modern Legal Realism PDF eBook
Author Shauhin Talesh
Publisher Edward Elgar Publishing
Pages 544
Release 2021-03-26
Genre Law
ISBN 1788117778

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This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.

The Cambridge Companion to Legal Positivism

The Cambridge Companion to Legal Positivism
Title The Cambridge Companion to Legal Positivism PDF eBook
Author Torben Spaak
Publisher Cambridge University Press
Pages 807
Release 2021-02-04
Genre Law
ISBN 1108427677

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The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Legal Realism and American Law

Legal Realism and American Law
Title Legal Realism and American Law PDF eBook
Author Justin Zaremby
Publisher A&C Black
Pages 190
Release 2013-12-05
Genre Political Science
ISBN 1441135723

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In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.