Important Study of the Legal Realism Movement The history of the
concept of legal realism as it evolved at Yale University Law
School is in fact a history of the development of legal education
in this country during the years 1927-1960, as Kalman shows in this
important study. The realists' attention toward the importance of
the role of litigation, the practitioner, judges and judicial
reasoning, and the judiciary in a societal context represented a
departure from the scientific casebook method espoused by C.C.
Langdell at Harvard University Law School in the 1870s, and later
supported by Roscoe Pound. Laura Kalman is a Professor of History
at University of California Santa Barbara. Laura Kalman argues that
factors such as budgetary constraints, university politics,
personal feuds, and broader social trends may have been as
important as legal theory in shaping the contours and determining
the fate of legal realism at Yale. She calls her book 'a case study
of the interrelationship between intellectual theory and
institutional factors within the specific context of legal
education.' Using legal education at Harvard as a reference point,
especially Langdellian conceptualism, she sees realism as a variety
of functionalism, reflecting a belief that law should be organized
with reference to facts and social purposes rather than abstract
legal concepts. Thus, the emergence of legal realism at Yale was,
among other things, an attempt by the Yale Law School to
differentiate itself from the Harvard Law School and thereby to
enhance its own stature. -- Paul L. Murphy, The American Journal of
Legal History, Vol. 33, No. 4 (Oct. 1989) Laura Kalman's monograph,
originally a dissertation, is nevertheless a fresh and rather
engaging study of a finished chapter in intellectual history-the
legal realist movement. It flourished in the 1930s, revived in
another form after World War II, and then faded away around 1960,
when Kalman ends her work. -- Ralph S. Brown, Law and History
Review, Vol. 6, No. 1 (Spring, 1988) CONTENTS Acknowledgments
Prologue 1 The Context and Characteristics of Legal Realism 2
Realism Rejected: The Case of Harvard 3 Two Realistic Law Schools?
Columbia and Yale 4 Pictures from an Institution: The First Yale
Realists 5 Postwar Realism 6 Convergence Epilogue Notes Index
General
Imprint: |
Lawbook Exchange
|
Country of origin: |
United States |
Release date: |
April 2010 |
First published: |
April 2010 |
Authors: |
Laura Kalman
|
Dimensions: |
229 x 152 x 19mm (L x W x T) |
Format: |
Paperback - Trade
|
Pages: |
330 |
ISBN-13: |
978-1-61619-049-1 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Legal profession >
General
|
LSN: |
1-61619-049-3 |
Barcode: |
9781616190491 |
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!