Jurisprudence : Realism in Theory and Practice / Karl Llewellyn.
2017
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Author
Title
Jurisprudence : Realism in Theory and Practice / Karl Llewellyn.
Edition
First edition.
Imprint
London : Taylor and Francis, 2017.
Description
1 online resource
Formatted Contents Note
Part REALISM
chapter 1 A Realistic Jurisprudence: The Next Step
chapter 2 Some Realism about Realism
chapter 3 Legal Tradition and Social Science Method
chapter 4 Frank's Law and the Modern Mind
chapter 5 Natural Law for Judges
chapter 6 Impressions of the Conference on Precedent
chapter 7 On Reading and Using the Newer Jurisprudence
chapter 8 On the Good, the True, the Beautiful, in Law
chapter 9 On the Current Recapture of the Grand Tradition
part INSTITUTION, RULES, AND CRAFT
chapter 10 On the Nature of an Institution
chapter 11 The Bar's Troubles, and Poultices-and Cures?
chapter 12 American Common Law Tradition, and American Democracy
chapter 13 The Crafts of Law Re-valued
chapter 14 The Modern Approach to Counselling and Advocacy
chapter 15 Law and the Social Sciences-Especially Sociology
chapter 16 The Content of a Jurisprudence Course
chapter 17 The Study of Law as a Liberal Art
part CONTROLLING BEHAVIOR: HOW AND WHY?
chapter 18 Law Observance Versus Law Enforcement
chapter 19 Theft as a Behavior Problem
chapter 20 Who Are These Accused?
chapter 21 The Anthropology of Criminal Guilt
chapter 22 Group Prejudice and Social Education
chapter 25 What Law Cannot Do for Inter-Racial Peace
chapter 23 Yes, It Takes Mass Production
chapter 24 The Law, Human Dignity, and Human Civilization
part MEN
chapter 26 Wesley Newcomb Hohfeld-Teacher
chapter 27 Roscoe Pound
chapter 28 Mr. Justice Holmes
chapter 29 Holmes.
chapter 1 A Realistic Jurisprudence: The Next Step
chapter 2 Some Realism about Realism
chapter 3 Legal Tradition and Social Science Method
chapter 4 Frank's Law and the Modern Mind
chapter 5 Natural Law for Judges
chapter 6 Impressions of the Conference on Precedent
chapter 7 On Reading and Using the Newer Jurisprudence
chapter 8 On the Good, the True, the Beautiful, in Law
chapter 9 On the Current Recapture of the Grand Tradition
part INSTITUTION, RULES, AND CRAFT
chapter 10 On the Nature of an Institution
chapter 11 The Bar's Troubles, and Poultices-and Cures?
chapter 12 American Common Law Tradition, and American Democracy
chapter 13 The Crafts of Law Re-valued
chapter 14 The Modern Approach to Counselling and Advocacy
chapter 15 Law and the Social Sciences-Especially Sociology
chapter 16 The Content of a Jurisprudence Course
chapter 17 The Study of Law as a Liberal Art
part CONTROLLING BEHAVIOR: HOW AND WHY?
chapter 18 Law Observance Versus Law Enforcement
chapter 19 Theft as a Behavior Problem
chapter 20 Who Are These Accused?
chapter 21 The Anthropology of Criminal Guilt
chapter 22 Group Prejudice and Social Education
chapter 25 What Law Cannot Do for Inter-Racial Peace
chapter 23 Yes, It Takes Mass Production
chapter 24 The Law, Human Dignity, and Human Civilization
part MEN
chapter 26 Wesley Newcomb Hohfeld-Teacher
chapter 27 Roscoe Pound
chapter 28 Mr. Justice Holmes
chapter 29 Holmes.
Summary
"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."--Provided by publisher.
Source of Description
OCLC-licensed vendor bibliographic record.
Location
www
Linked Resources
Alternate Title
Taylor & Francis Online
Language
English
ISBN
9781351510400 (e-book: PDF) (e-book : PDF)
9781351510387 (e-book: Mobi)
9781138526693 (hardback)
9781412807869 (paperback)
1351510401
135151038X
9780203787823
020378782X
9781351510387 (e-book: Mobi)
9781138526693 (hardback)
9781412807869 (paperback)
1351510401
135151038X
9780203787823
020378782X
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