"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.
General
Imprint: |
AldineTransaction
|
Country of origin: |
United States |
Release date: |
April 2008 |
First published: |
April 2008 |
Authors: |
Karl Llewellyn
|
Dimensions: |
229 x 152 x 38mm (L x W x T) |
Format: |
Paperback
|
Pages: |
550 |
ISBN-13: |
978-1-4128-0786-9 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Law & society
|
LSN: |
1-4128-0786-7 |
Barcode: |
9781412807869 |
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