Jurisprudence: Realism In Theory And Practice
by Karl Llewellyn /
2008 / English / PDF
35.8 MB Download
Jurisprudence: Realism in Theory and Practice compiles many of
Llewellyn's most important writings. For his time, the thirties
through the fifties, Llewellyn offered fresh approaches to the
study of law and society. Although these writings might not seem
innovative today, because they have become widely applied in the
contemporary world, they remain a testament to his. The ideas he
advanced many decades ago have now become commonplace among
contemporary jurisprudence scholars as well as social scientists
studying law and legal issues.Legal realism, the ground of
Llewellyn's theory, attempts to contextualize the practice of law.
Its proponents argue that a host of extra-legal factors--social,
cultural, historical, and psychological, to name a few--are at
least as important in determining legal outcomes as are the rules
and principles by which the legal system operates. Oliver Wendell
Holmes, Jr., book, The Common Law, is regarded as the founder of
legal realism. Holmes stated that in order to truly understand the
workings of law, one must go beyond technical (or logical) elements
entailing rules and procedures. The life of the law is not only
that which is embodied in statutes and court decisions guided by
procedural law. Law is just as much about experience: about
flesh-and-blood human beings doings things together and making
decisions.Llewellyn's version of legal realism was heavily
influenced by Pound and Holmes. The distinction between "law in
books" and "law in action" is an acknowledgement of the gap that
exists between law as embodied in criminal, civil, and
administrative code books, and law. A fully formed legal realism
insists on studying the behavior of legal practitioners, including
their practices, habits, and techniques of action as well as
decision-making about others. This classic studyis a
foremosthistorical work on legal theory, and is essential for
understanding the roots of this influential perspective.
Jurisprudence: Realism in Theory and Practice compiles many of
Llewellyn's most important writings. For his time, the thirties
through the fifties, Llewellyn offered fresh approaches to the
study of law and society. Although these writings might not seem
innovative today, because they have become widely applied in the
contemporary world, they remain a testament to his. The ideas he
advanced many decades ago have now become commonplace among
contemporary jurisprudence scholars as well as social scientists
studying law and legal issues.Legal realism, the ground of
Llewellyn's theory, attempts to contextualize the practice of law.
Its proponents argue that a host of extra-legal factors--social,
cultural, historical, and psychological, to name a few--are at
least as important in determining legal outcomes as are the rules
and principles by which the legal system operates. Oliver Wendell
Holmes, Jr., book, The Common Law, is regarded as the founder of
legal realism. Holmes stated that in order to truly understand the
workings of law, one must go beyond technical (or logical) elements
entailing rules and procedures. The life of the law is not only
that which is embodied in statutes and court decisions guided by
procedural law. Law is just as much about experience: about
flesh-and-blood human beings doings things together and making
decisions.Llewellyn's version of legal realism was heavily
influenced by Pound and Holmes. The distinction between "law in
books" and "law in action" is an acknowledgement of the gap that
exists between law as embodied in criminal, civil, and
administrative code books, and law. A fully formed legal realism
insists on studying the behavior of legal practitioners, including
their practices, habits, and techniques of action as well as
decision-making about others. This classic studyis a
foremosthistorical work on legal theory, and is essential for
understanding the roots of this influential perspective.