The essays Professor Summers has brought together in this book
consist of various authentic and representative formulations and
applications of the dominant general theory of law and its use in
the United States during the middle decades of the 20th century.
The book includes a number of major contributions that are critical
of that theory. The contributors are: The path of the law, Oliver
Wendell Homes Jr. Force and coercion; Logical method and law, John
Dewey. The need of a sociological jurisprudence; Mechanical
jurisprudence; The possibility of a measure of values, Roscoe
Pound. What is the law, Joseph W. Binham. A return to stare
decisis, Herman Oliphant. A realistic jurisprudence-the next step;
The normative, the legal, and the law-jobs: the problem of juristic
method, K.N. Lewellyn. The problems of a functional jurisprudence,
Felix S. Cohen. The causes of popular dissatisfaction with the
administration of justice, Roscoe Pound. The judiciality of
minimum-wage legislation, Thomas Red Powell. An institutional
approach to the law of commercial banking, Underhill Moore and
Theodore S. Hope Jr. Through title to contract and a bit beyond,
K.N. Llewellyn. Williston on contracts; The logical and legal bases
of the conflict of laws, Walter Wheeler Cook. American legal
realism, L.L. Fuller. Legal rules: their function in the process of
decision, John Dickenson. Some rationalism about realism, Hermann
Kantorwicz. Pragmatic instumentalism in twentieth century American
legal thought-a synthesis and critique of our dominant general
theory about law and its use.
General
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