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American Legal Theory : The International Library of Essays in Law and Legal Theory. Schools, No 6 - Robert Samuel Summers

American Legal Theory

The International Library of Essays in Law and Legal Theory. Schools, No 6

By: Robert Samuel Summers (Editor), Arthur L. Goodhart (Editor)

Hardcover Published: 1st August 1992
ISBN: 9780814779514
Number Of Pages: 611

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The essays Professor Summers has brought together in this book consist of various authentic and representative formulations and applications of the dominant general theory of law and its use in the United States during the middle decades of the 20th century. The book includes a number of major contributions that are critical of that theory. The contributors are: The path of the law, Oliver Wendell Homes Jr. Force and coercion; Logical method and law, John Dewey. The need of a sociological jurisprudence; Mechanical jurisprudence; The possibility of a measure of values, Roscoe Pound. What is the law, Joseph W. Binham. A return to stare decisis, Herman Oliphant. A realistic jurisprudence-the next step; The normative, the legal, and the law-jobs: the problem of juristic method, K.N. Lewellyn. The problems of a functional jurisprudence, Felix S. Cohen. The causes of popular dissatisfaction with the administration of justice, Roscoe Pound. The judiciality of minimum-wage legislation, Thomas Red Powell. An institutional approach to the law of commercial banking, Underhill Moore and Theodore S. Hope Jr. Through title to contract and a bit beyond, K.N. Llewellyn. Williston on contracts; The logical and legal bases of the conflict of laws, Walter Wheeler Cook. American legal realism, L.L. Fuller. Legal rules: their function in the process of decision, John Dickenson. Some rationalism about realism, Hermann Kantorwicz. Pragmatic instumentalism in twentieth century American legal thought-a synthesis and critique of our dominant general theory about law and its use.

"Few issues are as central to our understanding of journalism as the debate over objectivity. In this original and engaging book, David Mindich extends our understanding of it in many directions."-Mitchell Stephens, author of "A History of News" "Superb. . . . Mindich links history to contemporary practice by examining the current debate about objectivity through his 100-year-old lens."-Steve Weinberg, "The Christian Science Monitor" "There is a growing unhappiness about the direction of news coverage. Readers and viewers want 'objectivity' back. The first step toward doing that is to understand where 'objective' journalism came from in the first place. Just the Facts is a good place to begin."-Jonathan Alter, "The Washington Monthly" "Refreshing, imaginative and thoughtful, David Mindich here reveals intriguing pictures of America's past as he probes terrain generally obscured beneath unquestioned generalizations. He takes readers on a guided tour of nineteenth-century American culture and journalism as he explores changes in print news structure and presentation through a focus on reportage of major events and ideas across nearly seven decades."-Hazel Dicken-Garcia, Professor of Journalism and Mass Communication, University of Minnesota "Taking a fresh, panoramic view of objectivity, David Mindich improves our understanding of a key journalistic concept. This perceptive book offers both intriguing stories and a helpful historical framework for current debates on press performance."-Jeffery Smith, University of Iowa

Acknowledgements
Series Preface
Editor's Note
Introduction
The 20th Century Instrumentalist Movement Including Its Realist Wing
'The Path of the Law', (1897)p. 3
'Force and Coercion', (1916)p. 25
'Logical Method and Law', (1925)p. 35
'The Need of a Sociological Jurisprudence', (1907)p. 47
'Mechanical Jurisprudence', (1908)p. 57
'The Possibility of a Measure of Values', (1940)p. 77
'What is the Law?', (1912)p. 105
'A Return to Stare Decisis', (1928)p. 143
'A Realistic Jurisprvdence - The Next Step', (1930)p. 155
'The Normative, the Legal, and the Law-Jobs: The Problem of Juristic Method', (1940)p. 191
'The Problems of a Functional Jurisprudence', (1937)p. 237
Some Illustrative Applications
'The Causes of Popular Dissatisfaction with the Administration of Justice', (1906)p. 261
'The Judiciality of Minimum-wage Legislation', (1924)p. 283
'An Institutional Approach to the Law of Commercial Banking', (1929)p. 313
'Through Title to Contract and a Bit Beyond', (1938)p. 331
'Williston on Contracts', (1939)p. 383
'The Logical and Legal Bases of the Conflict of Laws', (1924)p. 403
Critique
'American Legal Realism', (1934)p. 437
'Legal Rules: Their Function in the Process of Decision', (1931)p. 471
'Some Rationalism about Realism', (1934)p. 507
'Pragmatic Instrumentalism in Twentieth Century American Legal Thought - a Synthesis and Critique of our Dominant General Theory about Law and its Use', (1981)p. 521
Name Indexp. 609
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780814779514
ISBN-10: 0814779514
Series: The International Library of Essays in Law and Legal Theory. Schools, No 6
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 611
Published: 1st August 1992
Publisher: New York University Press
Country of Publication: US
Dimensions (cm): 22.9 x 15.2  x 5.08
Weight (kg): 1.32