Roscoe Pound and Karl Llewellyn


Book Description

American legal history is traditionally viewed as a succession of discrete schools of thought or landmark court decisions, not as the work of individuals. Such an approach, however, hardly does justice to the lives of two of the foremost teachers and theorists of American jurisprudence. In Roscoe Pound and Karl Llwellyn: Searcbing for an American Jurisprudence, N. E. H. Hull reconstructs the historical, cultural, and intellectual context of the work of Pound and Llewellyn, bringing to light their private and public relationship as well as the diverse sources - from psychology to plant ecology to Icelandic sagas - they separately drew upon in making their contributions to the American legal tradition.







The Sociology of Law


Book Description

The purpose of this book is to introduce the sociology of law by providing a coherent organization to the general body of literature in that field. As such, the text gives a comprehensive overview of theoretical sociology of law. It deals with the broad expanse of the field and covers a vast amount of intellectual terrain. This volume is intended to fill a gap in the literature. Most textbooks in the sociology of law are insufficiently theoretical or else do not provide a paradigmatic analysis of sociological theories. The content of this text consists of discussions of the works of scholars who have contributed the most to the cumulative development of the sociology of law. It surveys the major traditions of legal sociology but is not wedded to any one particular theoretical approach. Both the "classical," or nineteenth-century, and "contemporary," or twentieth-century, perspectives are covered. The reader will see that nineteenth-century thought has directly influenced the emergence of twentieth-century theory. One unique feature of this book is that key sociological and legal concepts, presented in bold print and italics, are defined, described, and illustrated throughout. Although the nature of the subject matter is highly theoretical and, at times, quite complex, Trevino values every effort to present the material in the most straightforward and intelligible form possible without compromising the integrity of the theories themselves. In short, this book aims to accomplish three objectives: inform about the progressive advancement of sociological theory, teach the reader to analyze the law as a social phenomenon, and develop in the reader a critical mode of thinking about issues relevant to the relationship between law and society.




American Legal Realism


Book Description

A comprehensive, in-depth discussion of the most influential movement in American legal history, and one which remains more than fifty years later the subject of lively debate, this collection of readings, written largely between 1900 and 1940, includes works from prominent writers on the subject that have never before been generally available. Introduced and edited by noted scholars in the field, the anthology includes such contributors as Oliver Wendell Holmes, James Thayer, Roscoe Pound, John Chipman Gray, Wesley Hohfeld, Karl Llewellyn, Arthur Corbin, Nathan Issacs, Robert Hale, Harold Laski, Max Radin, and others. With concise biographical notes as well as introductions to provide historical context, each selection addresses a different debate involving Legal Realism. Included is a selective bibliography, making the text valuable to a broad range of scholars.




Living Law


Book Description

This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.




The History of Legal Education in the United States


Book Description

An invaluable and fascinating resource, this carefully edited anthology presents recent writings by leading legal historians, many commissioned for this book, along with a wealth of related primary sources by John Adams, James Barr Ames, Thomas Jefferson, Christopher C. Langdell, Karl N. Llewellyn, Roscoe Pound, Tapping Reeve, Theodore Roosevelt, Joseph Story, John Henry Wigmore and other distinguished contributors to American law. It is divided into nine sections: Teaching Books and Methods in the Lecture Hall, Examinations and Evaluations, Skills Courses, Students, Faculty, Scholarship, Deans and Administration, Accreditation and Association, and Technology and the Future. Contributors to this volume include Morris Cohen, Daniel R. Coquillette, Michael Hoeflich, John H. Langbein, William P. LaPiana and Fred R. Shapiro. Steve Sheppard is the William Enfield Professor of Law, University of Arkansas School of Law.




The Canon of American Legal Thought


Book Description

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 clichés of everyday legal argument were originally formulated.







The Cheyenne Way


Book Description




The Common Law Tradition


Book Description