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 cliches of everyday legal argument were
originally formulated."
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