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Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Brian Leiter

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.001.0001
Subject:
Law, Philosophy of Law

The author is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic ... More


Legal Realism and Legal Positivism Reconsidered *

BRIAN LEITER

in Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.003.0004
Subject:
Law, Philosophy of Law

This chapter challenges two widespread views about the relationship between the jurisprudential theories known as ‘Legal Realism’ and ‘Legal Positivism’. The first is that the two doctrines are ... More


From Protestant Idealism to Scientific Pragmatism

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the clash between Protestant idealism and secular or scientific pragmatism that was evident during the American culture wars had a direct counterpart in American ... More


Introduction: From Legal Realism to Naturalized Jurisprudence

BRIAN LEITER

in Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins with a discussion of how Realism was held in contempt, if noticed at all, by philosophers, even those with a substantial interest in law. It then considers ... More


From Institutionalism to Legal Realism

Herbert Hovenkamp

in The Opening of American Law: Neoclassical Legal Thought, 1870-1970

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199331307
eISBN:
9780190204495
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199331307.003.0007
Subject:
Law, Legal History

This chapter ventures beyond most writing on Legal Realism by focusing on its link to “institutionalism,” a movement of renegade American economists who believed neoclassical economics’ stripped down ... More


Classical Orthodoxy and Legal Realist Responses Through the Lens of the Heuristics Debate

Mark Kelman

in The Heuristics Debate

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199755608
eISBN:
9780199895236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755608.003.0009
Subject:
Law, Philosophy of Law

While neither Langdell nor Holmes self-consciously addressed the nature of human cognition in defending, respectively, the Classical synthesis about law or a more pragmatic Realist approach, this ... More


Private Law Pluralism and the Rule of Law

Hanoch Dagan

in Private Law and the Rule of Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter claims that a structurally pluralist account of private law complies with both aspects of the rule of law: the requirement that law be capable of guidance, and the prescription that law ... More


The American Legal Academy and Jurisprudence II: From Process Theory to “Law And”

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0007
Subject:
Law, Legal History, Constitutional and Administrative Law

By the close of World War II, Legal Realism had become the dominant jurisprudential perspective in the American legal academy. But developments connected to the use of totalitarian regimes of the ... More


Introduction

Lizzie Barmes

in Bullying and Behavioural Conflict at Work: The Duality of Individual Rights

Published in print:
2015
Published Online:
January 2016
ISBN:
9780199691371
eISBN:
9780191748790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691371.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explains the starting point that recent proliferation in the UK of individual employment and equality rights has not provided working people with effective means to ameliorate their ... More


Translating the Social World for Law: Linguistic Tools for a New Legal Realism

Elizabeth Mertz, William K. Ford, and Gregory Matoesian (eds)

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199990559
eISBN:
9780190267407
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199990559.001.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This volume is dedicated to exploring the linguistic challenges arising from the process of interdisciplinary translation between law and the social science disciplines. Although the field of ... More


Court-Packing or Court Reform?: Challenging Judicial Independence by Enhancing Accountability

Mark Tushnet and Bojan Bugarič

in Power to the People: Constitutionalism in the Age of Populism

Published in print:
2022
Published Online:
January 2022
ISBN:
9780197606711
eISBN:
9780197606742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197606711.003.0009
Subject:
Law, Constitutional and Administrative Law

Many populist governments have engaged in programs of judicial reform, sometimes described as court-packing. After laying out the reasons the people have for electing populist governments, including, ... More


Taxing Relations: Indigenous Juris-diction and the Tribal Tax Status Act

Justin B. Richland

in Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements

Published in print:
2021
Published Online:
May 2022
ISBN:
9780226608594
eISBN:
9780226608624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226608624.003.0006
Subject:
Anthropology, American and Canadian Cultural Anthropology

This chapter extends the consideration of the promises and perils of Indigenous engagements with non-Native officials in two ways, one analytically and one substantially. For the former, it considers ... More


The college

Morton Keller and Phyllis Keller

in Making Harvard Modern: The Rise of America's University

Published in print:
2001
Published Online:
November 2020
ISBN:
9780195144574
eISBN:
9780197561829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195144574.003.0026
Subject:
Education, History of Education

What place did Harvard College have in the modern University, with its expansive central administration, research-driven faculty, ambitious and high-powered professional schools? A much more ... More


Managing harvard

Morton Keller and Phyllis Keller

in Making Harvard Modern: The Rise of America's University

Published in print:
2001
Published Online:
November 2020
ISBN:
9780195144574
eISBN:
9780197561829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195144574.003.0011
Subject:
Education, History of Education

Harvard’s evolution from a Brahmin to a meritocratic university involved alterations in its governance as well as the makeup of its students and faculty. The cozy, we-happy-few atmosphere of the ... More


A plurality of minorities

Morton Keller and Phyllis Keller

in Making Harvard Modern: The Rise of America's University

Published in print:
2001
Published Online:
November 2020
ISBN:
9780195144574
eISBN:
9780197561829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195144574.003.0018
Subject:
Education, History of Education

The triumph of meritocracy at Harvard had social as well as academic and intellectual consequences. It changed the ethnocultural and class structures of both the faculty and the student body. Jews ... More


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