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Foundations of American Legal Realism

1959
If we were to study the history of western thought since 1850, perhaps the most important writers of the past century in terms of their impact on modern American jurisprudence would be Marx, Darwin, Comte, Freud, James and Dewey. Economic determinism, evolution and historicism, positivism, pragmatism and instrumentalism, and psychoanalysis have all had
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Frank’s Contributions to the Philosophy of American Legal Realism

1959
Justice Holmes’ famous statement that “the life of the law has not been logic: it has been experience” 1 has had a profound effect on contemporary American jurisprudence. Holmes’ monumental influence, together with the impact of positivism, American pragmatism, and more recently, psychoanalysis, have all played important roles in shaping the ...
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The Way The Law Is: On The Coherentist Character of American Legal Realism

Canadian Journal of Law & Jurisprudence, 1995
Clifford Geertz claims that in a well-functioning legal system there should be a fit between what Geertz calls the “if, then” structure of legal rules and the “as, therefore” structure of legal decisions. Put simply, for a system of laws to work, the legal rules used to decide cases must make sense given how one understands the cases to which they are ...
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A Fraught Inheritance: Legal Realism, Literary Realism, and the Forging of American Democracy

2017
A Fraught Inheritance: Legal Realism, Literary Realism, and the Forging of American Democracy is the first extensive conceptualization of two seminal, contemporaneous movements in American law and letters. The project literarily and legally cross-examines the Reconstruction Amendments, which formally cemented equal citizenship rights in the Civil War’s
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American Legal Realism and Empirical Social Science.

The Journal of American History, 1996
Edward A. Purcell Jr.   +1 more
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American Legal Realism and Empirical Social Science

The American Journal of Legal History, 1995
James E. Herget, John Henry Schlegel
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