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American Legal Realism - William W. Fisher

American Legal Realism

By: William W. Fisher (Editor), Morton J. Horwitz (Editor), Thomas A. Reed (Editor)

Paperback Published: 1st June 1993
ISBN: 9780195071238
Number Of Pages: 344

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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.

"[A] highly useful collection....The selections chosen for inclusion, the introductory discussion of each section, and the extensive citations all make this an essential volume for the study of law in American society."--American Studies International "A very thoughtful selection of pre-Realist and Realist essays with marvelous introductory notes. Not just a useful teaching tool, but a valuable addition to understanding Realism."--Gregory Mark, Chicago-Kent College of Law "This carefully selected and expertly edited collection of Realist texts should serve both students and their professors very well. It may well become a standard book for legal history courses."--Norman Rosenberg, Macalester College "Very useful in teaching American legal history."--Louise Halper, Washington and Lee Law School "Wonderful and very well edited. Every law student should read it."--Eric Lane, Hofstra Law School "A very helpful collection of well chosen materials."--Ray Forrester, University of California, Hastings "An excellent collection of materials which will be an invaluable resource in my teaching."--Jeff Powell, Duke University "High powered stuff!...Well done!"--David Robinson, University of Houston-Downtown "Comprehensive and rounded."--Thomas G. Barnes, University of California, Berkeley "Realism remade the landscape of our law; in today's new world of transcendental nonsense, we ignore the Realists at our peril. Too many do, and this book is therefore essential. No one should leave law school without it."--Eben Moglen, Columbia Law School "Good collection of writings and thoughts on the subject."--Sally Jo Vasicko, Ball State University

I. Antecedents Oliver Wendell Holmes: The Common Law (1881) James B. Thayer: "The Origin and Scope of the American Doctrine of Constitutional Law" (1893) Oliver Wendell Holmes: The Path of the Law (1897) Lochner v. New York (1905) (Holmes, J., dissenting) Roscoe Pound: "Liberty of Contract" (1909) John Chipman Gray: The Nature and Sources of the Law (1909) Roscoe Pound: "Law in Books and Law in Action" (1910) Wesley Newcomb Hohfeld: "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning" (1913) II. The Struggle over the Meaning of "Realism" Karl N. Llewellyn: "A Realistic Jurisprudence--The Next Step" (1930) Roscoe Pound: "The Call for Realist Jurisprudence" (1931) Karl N. Llewellyn: "Some Realism About Realism--Responding to Dean Pound" (1931) III. Law and the Market Arthur L. Corbin: "Offer and Acceptance, and Some of the Resulting Legal Relations" (1917) Nathan Isaacs: "The Standardizing of Contracts" (1917) Karl N. Llewellyn: "What Price Contract?--An Essay in Perspective" (1931) L.L. Fuller and William R. Purdue, Jr.: "The Reliance Interest in Contract Damages" (1936-1937) IV. The Critique of the Public/Private Distinction Robert L. Hale: "Coercion and Distribution in a Supposedly Non-Coercive State" (1923) Morris R. Cohen: "Property and Sovereignty" (1927) Louis L. Jaffe: "Law Making by Private Groups" (1937) M. Witmark & Sons v. Fred Fisher Music Co. (1942) (Frank, J., dissenting) V. Law and Organizational Society Vegelahn V. Guntner (1896) Harold J. Laski: " The Basis of Vicarious Liability" (1917) International News Service v. Associated Press (1918) John Dewey: "The Historic Background of Corporate Legal Personality" (1926) Adolf A. Berle and Gardiner C. Means: The Modern Corporation and Private Property (1932) James M. Landis: The Administrative Process (1938) VI. Legal Reasoning Benjamin M. Cardozo: The Nature of the Judicial Process (1921) Pennsylvania Coal Company v. Mahon (1922) John Dewey: "Logical Method and Law" (1924) Max Radin: The Theory of Judicial Decision: Or How Judges Think" (1925) Herman Oliphant: "A Return to Stare Decisis" (1928) Joseph C. Hutcheson, Jr.: "The Judgement Intuitive: The Function of the 'Hunch' in Judicial Decision" (1929) Jerome Frank: Law and the Modern Mind (1930) Felix S. Cohen: "Transcendental Nonsense and the Functional Approach" (1935) Karl N. Llewellyn: "Remarks on the Theory of Apellate Decision and the Rules or Canons About How Statutes Are to Be Construed" (1950) VII. Law as Social Science Louis Brandeis and Josephine Goldmark: Brief Defendant in Error, Muller v. Oregon (1908) Walter W. Cook: "Scientific Method and the Law" (1927) Karl N. Llewellyn and E. Anderson Hoebel: The Cheyenne Way (1941) Underhill Moore and Charles C. Callahan: "Law and Learning Theory: A Study in Legal Control" (1943) VIII. Legal Education and Legal Scholarship Herman Oliphant, ed.: Summary of Studies in Legal Education (1929) Thurman W. Arnold: "Institute Priests and Yale Observers--A Reply to Dean Goodrich" (1936) Fred Rodell: "Goodbye to Law Reviews" (1936) Notes Bibliography

ISBN: 9780195071238
ISBN-10: 0195071239
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 344
Published: 1st June 1993
Country of Publication: US
Dimensions (cm): 23.44 x 15.67  x 2.39
Weight (kg): 0.5