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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