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Restitution's Realism

Hanoch Dagan

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0003
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter describes the foundations of (significant parts of) the American law of restitution. It argues that this body of law can, and therefore should, be read as a contextual application of our ... More


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


The Critiques of Formal Law-Ascertainment in the Theory of the Sources of International Law

d'Aspremont Jean

in Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.003.0004
Subject:
Law, Public International Law, Philosophy of Law

Following the same pattern as the previous chapter, this chapter explores the critiques of formal law-ascertainment first in general legal theory and then in the theory of international law. It ... More


Patterns of American Jurisprudence

Neil Duxbury

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264910
eISBN:
9780191682865
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264910.001.0001
Subject:
Law, Philosophy of Law

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The book argues that it is a ... More


Is There a Psychology of Judging?

Frederick Schauer

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0007
Subject:
Psychology, Forensic Psychology

Psychologists have recently begun to study the psychological dimensions of judging, but to date almost all of the research has been on lay experimental subjects. Implicit in the research, therefore, ... 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


Legal Realism Regained: Saving Realism from Critical Acclaim

Wouter de Been

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.001.0001
Subject:
Law, Philosophy of Law

This book presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the ... More


The Realist Conception of Law

Hanoch Dagan

in Reconstructing American Legal Realism & Rethinking Private Law Theory

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199890699
eISBN:
9780199367689
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890699.003.0002
Subject:
Law, Philosophy of Law

This chapter reconstructs the realist conception of law. It attempts to revive the legal realists' rich account of law as an ongoing institution (or set of institutions) that accommodates three sets ... 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


A Tale of Two Movements

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0001
Subject:
Law, Philosophy of Law

This book is a study of two twentieth-century schools of American legal theory and their relationship—legal realism and critical legal studies (CLS). This chapter provides a brief history of the ... More


Deviating from Legal Standards

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0003
Subject:
Philosophy, Political Philosophy

This chapter first discusses judicial incentives to perform their official duties. It then distinguishes between various ways in which judges can take legal standards into account. A judge can ... More


Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Jean d'Aspremont

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.001.0001
Subject:
Law, Public International Law, Philosophy of Law

This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a ... More


Everything Flows and Nothing Abides: The Realist Turn to Social Science

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0004
Subject:
Law, Philosophy of Law

This chapter discusses the realist adoption of social science, starting with the definition of legal realism by Karl Llewellyn. Llewellyn's description of the realist approach is then related to the ... More


Introduction

Hanoch Dagan

in Reconstructing American Legal Realism & Rethinking Private Law Theory

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199890699
eISBN:
9780199367689
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890699.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter sets out the book's purpose, which is to present a charitable reading and a contemporary rendition of the legacy of American legal realism. It argues that legal realism ... More


History of the Yale Law School: The Tercentennial Lectures

Anthony T. Kronman (ed.)

Published in print:
2004
Published Online:
October 2013
ISBN:
9780300095647
eISBN:
9780300128765
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095647.001.0001
Subject:
Law, Legal History

The entity that became the Yale Law School started life early in the nineteenth century as a proprietary school, operated as a sideline by a couple of New Haven lawyers. The New Haven school ... 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


The Province of Jurisprudence Predetermined

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0005
Subject:
Law, Philosophy of Law

The attractions of the scientific method have been given a new lease on jurisprudential life. The lack of scientific ambition is considered by some to be the failing of contemporary legal theory, and ... 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


The Theory of Rules

Karl N. Llewellyn

Fredrick Schauer (ed.)

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226487953
eISBN:
9780226487977
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226487977.001.0001
Subject:
Law, Philosophy of Law

Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn's thinking was ... More


Legal Realism and the Taxonomy of Private Law

Hanoch Dagan

in Reconstructing American Legal Realism & Rethinking Private Law Theory

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199890699
eISBN:
9780199367689
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890699.003.0006
Subject:
Law, Philosophy of Law

This chapter provides a possibly unwelcome defense of the significance of legal taxonomy. It may be unwelcome because it starts from a very different jurisprudential premise than the one shared by ... More


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