Description
Book Synopsis: 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.
Details
Looking to gain a deep understanding of the inner workings of law and society? Look no further than Jurisprudence: Realism in Theory and Practice. This exceptional book compiles the most important writings of Llewellyn, a renowned legal scholar of the thirties through the fifties. While his ideas may seem ordinary now, they were groundbreaking in their time and have since become widely applied in the contemporary legal world. These writings serve as a testament to Llewellyn's brilliance and continue to be embraced by jurisprudence scholars and social scientists studying law and legal issues.
At the heart of Llewellyn's theory is legal realism, which seeks to place law within its proper societal context. According to this perspective, legal outcomes are influenced by a myriad of factors beyond just the rules and principles of the legal system. These factors can include social, cultural, historical, and psychological elements. The pioneering work of Oliver Wendell Holmes, Jr., in his book The Common Law, laid the foundation for legal realism. Holmes believed that a true understanding of the law requires going beyond technical aspects and recognizing the importance of human experience in shaping legal decisions.
Llewellyn's version of legal realism was shaped by the influential thinkers Pound and Holmes. One of the key distinctions of Llewellyn's approach is the recognition of the gap between "law in books" and "law in action." This distinction acknowledges that the practice of law extends beyond what is written in statutes and court decisions. To fully comprehend the intricacies of the legal system, it is essential to study the behavior of legal practitioners, including their practices, habits, techniques, and decision-making processes.
As a vital historical work on legal theory, Jurisprudence: Realism in Theory and Practice provides the necessary insights to understand the roots of this influential perspective. Whether you're a student or a professional in the legal field, this book will deepen your understanding of law and enhance your ability to analyze and navigate the complexities of the legal world.
Get your copy of Jurisprudence: Realism in Theory and Practice and embark on a transformative journey through the realms of law and society.
Discover More Best Sellers in Legal Theory & Systems
Shop Legal Theory & Systems
$6.99
Legal Theory & Systems - Look at you becoming A Judge And Shit Funny Judge Notebook Graduation gift: Notebook/Journal Track Lessons, Homebook To Define Goals & Record Progress And To do list | 6"x9", 120 pages | Lined
$16.99
Legal Theory & Systems - The Title IX Guy: Several Short Essays on Masculinity (Both the Good and Bad Kind), Rape Culture, and Other Things We Should Be Talking About
The Oxford Handbook of Terrorism (Oxford Handbooks)
$113.00
Legal Theory & Systems - The Oxford Handbook of Terrorism (Oxford Handbooks)
Fundamental Legal Conceptions as Applied in Judicial
$15.95
Legal Theory & Systems - Fundamental Legal Conceptions as Applied in Judicial
Critical Race Theory: The Complete Introduction
$9.99
Legal Theory & Systems - Critical Race Theory: The Complete Introduction
How Politics Works (DK How Stuff Works)
$19.49
Legal Theory & Systems - How Politics Works (DK How Stuff Works)
Murder in Vail (The Joshua Rizzetti Series)
$14.99
Legal Theory & Systems - Murder in Vail (The Joshua Rizzetti Series)
