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The Common Law Tradition - A Collective Portrait of Five Legal Scholars (Hardcover)
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The Common Law Tradition - A Collective Portrait of Five Legal Scholars (Hardcover)
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This book commemorates a place and a time in American law teaching,
but more importantly, an outlook: the common law tradition. That
outlook was empirical and tolerant. These values were carried into
expression by a group of people who were not part of a cult or
faction nor ruled by the herd instinct. Now in paperback, The
Common Law Tradition is a collective portrait of five scholars who
epitomize the tradition.The focus is Chicago in the 1960s. The five
figures considered--Edward H. Levi, Harry Kalven, Jr., Karl
Llewellyn, Philip Kurland, and Kenneth Culp Davis--did much to
broaden the perspectives of the legal academy. Levi made use of
sociology, economics, and comparative law. Kalven collaborated with
sociologists on the Jury Project and with economists on tax law and
auto compensation plans. Llewellyn's commitment to empirical
research underpinned his work on the Uniform Commercial Code.
Kurland's approach to constitutional law was highlighted by his
insistence on the relevance of legal history. Davis was an
energetic comparativist in his work on administrative law. What
distinguished these Chicagoans is that their work was practical and
rooted in the law, and hence yielded concrete applications. The
group's diversity, the tolerant atmosphere in which they taught and
wrote, and the attachment of its individual members to empirical
approaches differentiate them from today's legal scholars and make
their ideas of continuing importance.
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