Read e-book online American legal realism and empirical social science PDF

By John Henry Schlegel

ISBN-10: 0807821799

ISBN-13: 9780807821794

John Henry Schlegel recovers a principally missed point of yank criminal Realism, a circulate in criminal suggestion within the Twenties and Thirties that sought to deliver the fashionable suggestion of empirical technology into the examine and instructing of legislations. during this publication, he explores person Realist students' efforts to problem the bought inspiration that the learn of legislations was once basically a question of studying principles and the way to govern them. He argues that empirical study used to be imperative to felony Realism, and he explores why this type of examine didn't, ultimately, develop into part of American legislation institution curricula. Schlegel studies the paintings of a number of well-known Realists yet concentrates at the writings of Walter Wheeler cook dinner, Underhill Moore, and Charles E. Clark. He unearths how their curiosity in empirical study was once a manufactured from their own situations and demonstrates the effect of John Dewey's rules at the expression of that curiosity. in line with Schlegel, competing understandings of the position of empirical inquiry contributed to the gradual decline of this sort of learn via professors of law.A UNC Press Enduring version -- UNC Press Enduring variations use the most recent in electronic expertise to make to be had back books from our wonderful 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 old and cultural price.

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But they did other things as well, most notably attempt to do some empirical legal research and to turn their policy preferences into law in such areas as civil procedure, commercial law, and securities law. To understand Realism one needs to understand all of what the Realists did and not just that part of their activities that Llewellyn intentionally or unintentionally called attention to sixty years ago. I begin my story of the Realists' attempts to do empirical legal research with a discussion of the early careers of two of those individuals, Walter Wheeler Cook and Underhill Moore.

Especially helpful were George Jaffin, who provided reams of first-hand information about the Institute of Law at Johns Hopkins University, and Samuel Howard, the real, unacknowledged author of the history of the Columbia Law School. Friends gave of their time in other ways. Two deserve to be mentioned first, Miss Janet, who told me to stop doing what I was doing and instead to do what was more fun, and Fred, who was always there with a citation, a red pencil and, most important, an idea and an ear.

Title : American Legal Realism and Empirical Social Science Studies in Legal History author : Schlegel, John Henry. publisher : University of North Carolina Press isbn10 | asin : 0807821799 print isbn13 : 9780807821794 ebook isbn13 : 9780807864364 language : English subject Jurisprudence--Research--United States--History, Jurisprudence--United States--Methodology, Law--United States--Methodology, Social sciences--Research--United States--History. 73/01 subject : Jurisprudence--Research--United States--History, Jurisprudence--United States--Methodology, Law--United States--Methodology, Social sciences--Research--United States--History.

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American legal realism and empirical social science by John Henry Schlegel

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