American Legal Realism

American Legal Realism

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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. Introduced and edited by noted scholars in the field, the anthology includes such contributors as Oliver Wendell Holmes, James Thayer, Roscoe Pound, John Chipman Gray, Wesley Hohfeld, Karl Llewellyn, Arthur Corbin, Nathan Issacs, Robert Hale, Harold Laski, Max Radin, and others. With concise biographical notes as well as introductions to provide historical context, each selection addresses a different debate involving Legal Realism. Included is a selective bibliography, making the text valuable to a broad range of scholars.

Product Details

ISBN-13: 9780199879335
Publisher: Oxford University Press
Publication date: 10/14/1993
Sold by: Barnes & Noble
Format: NOOK Book
File size: 2 MB

About the Author

Edited by William W. Fisher, III, Professor of Law, Director of the Harvard Program on Legal History, Morton J. Horwitz, Charles Warren Professor of the History of American Law, both at Harvard Law School, United States, and Thomas A. Reed, Assistant District Attorney, Assistant District Attorney, Norfolk County, Massachusetts

Table of Contents

I. Antecedents

The Common Law (1881), Oliver Wendell Holmes

"The Origin and Scope of the American Doctrine of Constitutional Law" (1893), James B. Thayer

The Path of the Law (1897), Oliver Wendell Holmes

Lochner v. New York (1905) (Holmes, J., dissenting)

"Liberty of Contract" (1909), Roscoe Pound

The Nature and Sources of the Law (1909), John Chipman Gray

"Law in Books and Law in Action" (1910), Roscoe Pound

"Some Fundamental Legal Conceptions as Applied in Judicial Reasoning" (1913), Wesley Newcomb Hohfeld

II. The Struggle over the Meaning of "Realism"

"A Realistic Jurisprudence--The Next Step" (1930), Karl N. Llewellyn

"The Call for Realist Jurisprudence" (1931), Roscoe Pound

"Some Realism About Realism--Responding to Dean Pound" (1931), Karl N. Llewellyn

III. Law and the Market

"Offer and Acceptance, and Some of the Resulting Legal Relations" (1917), Arthur L. Corbin

"The Standardizing of Contracts" (1917), Nathan Isaacs

"What Price Contract?--An Essay in Perspective" (1931), Karl N. Llewellyn

"The Reliance Interest in Contract Damages" (1936-1937), L.L. Fuller and William R. Purdue, Jr.

IV. The Critique of the Public/Private Distinction

"Coercion and Distribution in a Supposedly Non-Coercive State" (1923), Robert L. Hale

"Property and Sovereignty" (1927), Morris R. Cohen

"Law Making by Private Groups" (1937), Louis L. Jaffe

M. Witmark & Sons v. Fred Fisher Music Co. (1942) (Frank, J., dissenting)

V. Law and Organizational Society

Vegelahn V. Guntner (1896)

" The Basis of Vicarious Liability"(1917), Harold J. Laski

International News Service v. Associated Press (1918)

"The Historic Background of Corporate Legal Personality" (1926), John Dewey

The Modern Corporation and Private Property (1932), Adolf A. Berle and Gardiner C. Means

The Administrative Process (1938), James M. Landis

VI. Legal Reasoning

The Nature of the Judicial Process (1921), Benjamin M. Cardozo

Pennsylvania Coal Company v. Mahon (1922)

"Logical Method and Law" (1924), John Dewey

The Theory of Judicial Decision: Or How Judges Think" (1925), Max Radin

"A Return to Stare Decisis" (1928), Herman Oliphant

"The Judgement Intuitive: The Function of the 'Hunch' in Judicial Decision" (1929), Joseph C. Hutcheson, Jr.

Law and the Modern Mind (1930), Jerome Frank

"Transcendental Nonsense and the Functional Approach" (1935), Felix S. Cohen

"Remarks on the Theory of Apellate Decision and the Rules or Canons About How Statutes Are to Be Construed" (1950), Karl N. Llewellyn

VII. Law as Social Science

Brief Defendant in Error, Muller v. Oregon (1908), Louis Brandeis and Josephine Goldmark

"Scientific Method and the Law" (1927), Walter W. Cook

The Cheyenne Way (1941), Karl N. Llewellyn and E. Anderson Hoebel

"Law and Learning Theory: A Study in Legal Control" (1943), Underhill Moore and Charles C. Callahan

VIII. Legal Education and Legal Scholarship

Summary of Studies in Legal Education (1929), Herman Oliphant, ed.

"Institute Priests and Yale Observers--A Reply to Dean Goodrich" (1936), Thurman W. Arnold

"Goodbye to Law Reviews" (1936), Fred Rodell



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