Legal Realisms

Legal Realisms
Publisher Oxford University Press, USA
Release Date
Category History
Total Pages 456
ISBN 9780190604547
Rating 4/5 from 21 reviews
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United States historians have long regarded the U.S. Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. Emblematic of this moment was the post-war search for a "Great American Novel"--a novel fully adequate to the breadth and diversity of the United States in the era of the Fourteenth Amendment. While the passage of the Reconstruction Amendments declared the ideal of equality before the law a reality, persistent and increasing inequality challenged idealists and realists alike. The controversy over what full representation should mean sparked debates about the value of cultural difference and aesthetic dissonance, and it led to a thoroughgoing reconstruction of the meaning of "realism" for readers, writers, politics, and law. The dilemmas of incomplete emancipation, which would damage and define American life from the late nineteenth century onwards, would also force novelists to reconsider the definition and possibilities of the novel as a genre of social representation. Legal Realisms examines these transformations in the face of uneven developments in the racial, ethnic, gender and class structure of American society. Offering provocative new readings of Mark Twain, Henry James, William Dean Howells, Helen Hunt Jackson, Albion Tourgée and others, Christine Holbo explores the transformation of the novel's distinctive modes of social knowledge in relation to developments in art, philosophy, law, politics, and moral theory. As Legal Realisms follows the novel through the worlds of California Native American removal and the Reconstruction-era South, of the Mississippi valley and the urban Northeast, this study shows how violence, prejudice, and exclusion haunted the celebratory literatures of national equality, but it demonstrates as well the way novelists' representation of the difficulty of achieving equality before the law helped Americans articulate the need for a more robust concept of social justice.

Legal Realisms
  • Author : Christine Holbo
  • Publisher : Oxford University Press, USA
  • Release Date : 2019-09-02

United States historians have long regarded the U.S. Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. Emblematic of this moment was the post-war search for a "Great American Novel"--a novel fully

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Lawyers and Savages
  • Author : Kaius Tuori
  • Publisher : Routledge
  • Release Date : 2014-09-19

Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to

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Russian Legal Realism
  • Author : Bartosz Brożek,Julia Stanek,Jerzy Stelmach
  • Publisher : Springer
  • Release Date : 2019-01-07

This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law

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American Legal Realism and Empirical Social Science
  • Author : John Henry Schlegel
  • Publisher : Univ of North Carolina Press
  • Release Date : 2000-11-09

John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge

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American Legal Realism
  • Author : William W. Fisher, III,Thomas A. Reed
  • Publisher : OUP USA
  • Release Date : 1995-02-23

A comprehensive, in-depth discussion of the most influential movement in American legal history, and one which remains more than fifty years later the subject of lively debate, this collection of readings, written largely between 1900 and 1940, includes works from prominent writers on the subject that have never before been generally available.

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The New Legal Realism  Volume 1
  • Author : Elizabeth Mertz,Stewart Macaulay,Thomas W. Mitchell
  • Publisher : Cambridge University Press
  • Release Date : 2016-05-03

This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground,

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Legal Realism and American Law
  • Author : Justin Zaremby
  • Publisher : Bloomsbury Publishing USA
  • Release Date : 2013-12-05

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

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Jurisprudence
  • Author : Karl N. Llewellyn
  • Publisher : Lawbook Exchange Limited
  • Release Date : 2000-01-01

Llewellyn, Karl N. Jurisprudence: Realism in Theory and Practice. [Chicago]: The University of Chicago Press, 1962. viii, 531 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-056923. ISBN 1-58477-067-8. Cloth. $95. * Considered to be one of the great American legal philosophers of the twentieth century, Llewellyn [1893-1962], was a distinguished professor

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Morgenthau  Law and Realism
  • Author : Oliver Jütersonke
  • Publisher : Cambridge University Press
  • Release Date : 2010-08-19

Although he is widely regarded as the 'founding father' of realism in International Relations, this book argues that Hans J. Morgenthau's legal background has largely been neglected in discussions of his place in the 'canon' of IR theory. Morgenthau was a legal scholar of German-Jewish origins who arrived in the

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The Legal Realism of Jerome N  Frank
  • Author : Julius Paul
  • Publisher : Springer
  • Release Date : 2012-12-06

Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the

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Naturalizing Jurisprudence
  • Author : Brian Leiter
  • Publisher : Oxford University Press on Demand
  • Release Date : 2007

Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known

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The New Legal Realism  Volume 2
  • Author : Heinz Klug,Sally Engle Merry
  • Publisher : Cambridge University Press
  • Release Date : 2016-05-03

This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 2

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The Oxford Handbook of the Theory of International Law
  • Author : Anne Orford,Florian Hoffmann
  • Publisher : Oxford University Press
  • Release Date : 2016-05-26

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and

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Reflections on Judging
  • Author : Richard A. Posner
  • Publisher : Harvard University Press
  • Release Date : 2013-10-07

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

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Constitutionalism and the Rule of Law
  • Author : Maurice Adams,Anne Meuwese,Ernst Hirsch Ballin
  • Publisher : Cambridge University Press
  • Release Date : 2017-01-31

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and

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