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The Canon of American Legal Thought - W. Fischer

The Canon of American Legal Thought

Paperback Published: 26th November 2006
ISBN: 9780691120003
Number Of Pages: 936

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This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history.

These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received.

Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the cliches of everyday legal argument were originally formulated.

"The editors provide an introduction to each article, making the sophisticated scholarship more accessible and highlighting connections among articles whose subjects range from contracts to republican theory. While not everyone will agree with the editors' selections, Professors David Kennedy and William Fisher have undeniably performed a valuable service to scholars and students and have provided an important baseline for understanding legal thought."--Harvard Law Review "[This book] is invaluable evidence that the study of law and the distinctive arguments and claims characteristic to legal practice and academia, are worthy of study as an autonomous discipline. In an age where the legal academy is increasingly moving toward a 'law and --' model of scholarship, this weighty reminder that the law warrants its own study could not be more timely."--Aziz Huq, New York Law Journal "[W]hile this specialized and sophisticated compendium is not light summer reading, it is for the interested scholar with some legal background who wants a survey of contemporary American legal thought and the grounding to take that interest further."--George Conyne, American Studies "There is much in this compilation to admire, and it would actually make sense to make every American law professor ... read and ponder these pieces."--Stephen B. Presser, The American Lawyer

Prefacep. ix
Introductionp. 1
Attacking the Old Order: 1900-1940
"The Path of the Law," 10 Harvard Law Review 457 (1897)p. 19
"Some Fundamental Legal Conceptions as Applied in Judicial Reasoning," 23 Yale Law Journal 16 (1913)p. 45
"Coercion and Distribution in a Supposedly Noncoercive State," 38 Political Science Quarterly 470 (1923)p. 83
"Logical Method and Law," 10 Cornell Law Quarterly 17 (1924)p. 111
"Some Realism About Realism-Responding to Dean Pound," 44 Harvard Law Review 1222 (1931)p. 131
"Transcendental Nonsense and the Functional Approach," 35 Columbia Law Review 808 (1935)p. 163
A New Order: The Legal Process, Policy, and Principle: 1940-1960
"Consideration and Form," 41 Columbia Law Review 799 (1941)p. 207
The Legal Process: Basic Problems in the Making and Application of Law, Problem No. 1 (unpublished manuscript, 1958)p. 241
"Toward Neutral Principles of Constitutional Law," 73 Harvard Law Review 1 (1959)p. 311
The Emergence of Eclecticism: 1960-2000
Policy and Economics
"The Problem of Social Cost," 3 Journal of Law and Economics 1 (1960)p. 353
"Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," 85 Harvard Law Review 1089 (1972)p. 401
The Law and Society Movement
"Non-Contractual Relations in Business: A Preliminary Study," 28 American Sociological Review 55 (1963)p. 445
"Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change," 9 Law and Society Review 95 (1974)p. 481
Liberalism: Interpretation and the Role of the Judge
"Hard Cases," 88 Harvard Law Review 1057 (1975)p. 549
"The Role of the Judge in Public Law Litigation," 89 Harvard Law Review 1281 (1976)p. 603
Critical Legal Studies
"Form and Substance in Private Law Adjudication," 88 Harvard Law Review 1685 (1976)p. 647
Liberalism: Legal Philosophy and Ethics
"Violence and the World," 95 Yale Law Journal 1601 (1986)p. 733
"Law's Republic," 97 Yale Law Journal 1493 (1988)p. 777
Identity Politics
"Feminism, Marxism, Method, and the State: An Agenda for Theory," 7:3 Signs: Journal of Women in Culture and Society 515 (1982)p. 829
"Feminism, Marxism, Method, and the State: Toward a Feminist Jurisprudence," 8 Signs: Journal of Women, Culture, and Society 635 (1983)p. 869
"Introduction," Critical Race Theory: The Key Writings that Formed the Movement, The New Press, New York, 1996 at xiii-xxxiip. 887
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780691120003
ISBN-10: 0691120005
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 936
Published: 26th November 2006
Publisher: Princeton University Press
Country of Publication: US
Dimensions (cm): 25.4 x 17.8  x 4.85
Weight (kg): 1.59