The jurisprudence of style : a structuralist history of American pragmatism and liberal legal thought / Justin Desautels-Stein, University of Colorado.
2018
K230.D47 A33 2018 (Mapit)
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Title
The jurisprudence of style : a structuralist history of American pragmatism and liberal legal thought / Justin Desautels-Stein, University of Colorado.
Imprint
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2018.
Copyright
©2018.
Description
xii, 305 pages ; 24 cm.
Series
Cambridge historical studies in American law and society.
Formatted Contents Note
The rise and fall of the Harvard school
Towards a jurisprudence of style
Structure and style in time
The classical style
The modern style
Liberal legalism and the context of legal thought
American pragmatism
Liberal legalism is dead, long live liberal legalism
Trompe l'oeil liberalism.
Towards a jurisprudence of style
Structure and style in time
The classical style
The modern style
Liberal legalism and the context of legal thought
American pragmatism
Liberal legalism is dead, long live liberal legalism
Trompe l'oeil liberalism.
Summary
In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.
Note
In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
K230.D47 A33 2018
Language
English
ISBN
9781107156654 hardcover alkaline paper
1107156653 hardcover alkaline paper
1107156653 hardcover alkaline paper
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