New PDF release: American legal realism and empirical social science

By John Henry Schlegel

ISBN-10: 0807821799

ISBN-13: 9780807821794

John Henry Schlegel recovers a mostly overlooked point of yank felony Realism, a circulate in criminal notion within the Twenties and Nineteen Thirties that sought to convey the fashionable idea of empirical technological know-how into the examine and instructing of legislation. during this e-book, he explores person Realist students' efforts to problem the acquired proposal that the research of legislations used to be essentially an issue of studying principles and the way to govern them. He argues that empirical study was once essential to criminal Realism, and he explores why this type of learn didn't, eventually, turn into part of American legislation tuition curricula. Schlegel stories the paintings of numerous in demand Realists yet concentrates at the writings of Walter Wheeler cook dinner, Underhill Moore, and Charles E. Clark. He unearths how their curiosity in empirical learn used to be a manufactured from their own situations and demonstrates the effect of John Dewey's rules at the expression of that curiosity. based on Schlegel, competing understandings of the position of empirical inquiry contributed to the sluggish decline of this type of examine by means of professors of law.A UNC Press Enduring variation -- UNC Press Enduring variations use the most recent in electronic expertise to make to be had back books from our unique backlist that have been formerly out of print. those variants are released unaltered from the unique, and are provided in reasonable paperback codecs, bringing readers either ancient and cultural price.

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The result of not attending to this understanding of the historian's task can be seen in historian's attempts, each excellent in its own way, to write about Realism over the past twenty-five years. In the earliest of these attempts, Wilfred E. 23 Given these topics, he not surprisingly centered his discussion on Frank and Llewellyn indeed, in large measure, his book is a tug of war between the two gentlemen. Whether the choice of topics dictated the choice of scholars to focus on or whether the choice of scholars dictated the topics to focus on, the result was the same.

I do this because, in my experience, ideas and people are usually hopelessly intermingled. While I make no pretext of trying to do a von Ranke, I do think it important that I try to let my reader sample that hopeless intermixture. Thus, I have tried to give a sense of what it was to teach in the early years of this century in "the West," as it was called then, which was a matter of both doing and thinking and of how that doing and thinking changed as (at least) two young law professors moved progressively east and not coincidentally began to challenge the received wisdom of their elders.

At the same time, Twining had the good sense to realize that Llewellyn's work had a specific context and so focused his discussion of Realism on the work of individuals at Yale, where Llewellyn was first a student and then a faculty member, and at Columbia, where Llewellyn moved from Yale. Doing so allowed Twining to see Cook, Moore, and Oliphant as central to Realism and so to advert to Realism and science. "26 Moreover, it allowed Twining to miss the importance, for understanding Realism, of the fact that it was Llewellyn who was left behind at Columbia when that faculty split up.

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American legal realism and empirical social science by John Henry Schlegel


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