The jurisprudence of style : a structuralist history of American pragmatism and liberal legal thought / Justin Desautels-Stein, University of Colorado.

Format:

Book

Author/Creator:

Deystone, Justin, 1975- author.

Series:

Cambridge historical studies in American law and society

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Structuralism.

Liberalism.

Pragmatism.

Law--United States--Philosphy.

United States.

Physical Description:

xii, 305 pages ; 24 cm.

Place of Publication:

Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2018.

Summary:

In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.

Contents:

The rise and fall of the Harvard school

Towards a jurisprudence of style

Structure and style in time

The classical style

The modern style

Liberal legalism and the context of legal thought

American pragmatism

Liberal legalism is dead, long live liberal legalism

Trompe l'oeil liberalism.

Notes:

Includes bibliographical references and index.

ISBN:

9781107156654

1107156653

OCLC:

1000385827