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The Jurisprudence of Style - A Structuralist History of American Pragmatism and Liberal Legal Thought (Paperback)
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The Jurisprudence of Style - A Structuralist History of American Pragmatism and Liberal Legal Thought (Paperback)
Series: Cambridge Historical Studies in American Law and Society
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In the contemporary domain of American legal thought there is a
dominant way in which lawyers and judges craft their argumentative
practice. More colloquially, this is a dominant conception of what
it means to 'think like a lawyer'. Despite the widespread
popularity of this conception, it is rarely described in detail or
given a name. Justin Desautels-Stein tells the story of how and why
this happened, and why it matters. Drawing upon and updating the
work of Harvard Law School's first generation of critical legal
studies, Desautels-Stein develops what he calls a jurisprudence of
style. In doing so, he uncovers the intellectual alliance, first
emerging at the end of the nineteenth century and maturing in the
last third of the twentieth century, between American pragmatism
and liberal legal thought. Applying the tools of legal
structuralism and phenomenology to real-world cases in areas of
contemporary legal debate, this book develops a practice-oriented
understanding of legal thought.
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