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Harvard Law Review, 1990
In this Article, Professor Wilkins argues that the traditional model of legal ethics is premised on formalist assumptions about the constraining power of legal rules. Specifically, that model assumes that "the bounds of the law" provide objective, consistent, and legitimate restrictions on zealous advocacy.
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In this Article, Professor Wilkins argues that the traditional model of legal ethics is premised on formalist assumptions about the constraining power of legal rules. Specifically, that model assumes that "the bounds of the law" provide objective, consistent, and legitimate restrictions on zealous advocacy.
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Legal Realism and Justice. [PDF]
The Journal of Philosophy, 1941 F. M. Watkins, Edwin N. Garlan
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SSRN Electronic Journal, 2013
In what follows, I will examine two such strains of dominant contemporary legal thought: American Legal Realism, as exemplified by the work of two prominent jurists, Oliver Wendell Holmes, Jr. and Benjamin Cardozo, and the legal positivism of British philosopher H.L.A. Hart.
N Erik, Gibbs Boneff
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In what follows, I will examine two such strains of dominant contemporary legal thought: American Legal Realism, as exemplified by the work of two prominent jurists, Oliver Wendell Holmes, Jr. and Benjamin Cardozo, and the legal positivism of British philosopher H.L.A. Hart.
N Erik, Gibbs Boneff
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Legal Realism and Legal Reasoning: A Quasi-Realist Approach
Vienna Lectures on Legal Philosophy, Volume 2, 2019Legal philosophers who espouse an expressivist (or non-cognitivist) meta-ethics may fairly be said to have adopted an anti-normativist position in law. This is so because they hold that moral statements do not aim to report (moral) facts or to describe ...
Torben Spaak
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The Evolution of Scandinavian Legal Realism
Social Science Research Network, 2022Torben Spaak
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From the periphery to the center and back? A brief history of Midwest Legal Realism
Research Handbook on Modern Legal Realism, 2021Paul Baumgardner, Ajay K. Mehrotra
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VARIETIES OF LEGAL REALISM - THEN AND NOW
Research Handbook on Modern Legal Realism, 2021semanticscholar +1 more source
Research Handbook on Modern Legal Realism
, 2021Shauhin A. Talesh, E. Mertz, H. Klug
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1978
With apologies to Eldridge Cleaver we may identify American Realism as a way station between sociological jurisprudence and contemporary behavioural sociology of law. This characterisation implies a treatment that is radically different from the conventional jurisprudential discussion of the realist movement.
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With apologies to Eldridge Cleaver we may identify American Realism as a way station between sociological jurisprudence and contemporary behavioural sociology of law. This characterisation implies a treatment that is radically different from the conventional jurisprudential discussion of the realist movement.
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The Primacy of Realism and Legalism
2005While the political atmosphere in the Ottoman Empire putrefied and the land bloodied, the policy of neutrality governed the agenda undergirding the position of the Wilson administration. Meanwhile, U.S. military preparedness became an increasingly contested issue in domestic politics.
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