On philosophy in American law / edited by Francis J. Mootz III.

Format:

Book

Contributor:

Mootz, Francis J., III, editor.

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Law--United States.

United States.

Physical Description:

1 online resource (xxi, 310 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2009.

System Details:

text file

PDF

Summary:

In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.

Contents:

On Philosophy in American law (1934) / K. N. Llewellyn

Law in life, life in law : Llewellyn's legal realism revisited / Jan M. Brockman

On realism's own "hangover" of natural law philosophy : Llewellyn 'avec' Dooyeweerd / David S. Caudill

On the instrumental view of law in American legal culture / Brian Z. Tamanaha

When things went terribly, terribly wrong / Steven L. Winter

The mechanics of perfection : philosophy, theology, and the foundations of American law / Larry Catá Backer

Toward normative jurisprudence / Robin West

Critical legal theory today / Jack M. Balkin

Reviving the subject of law / Penelope Pether

Law and creativity / George H. Taylor

The stories of American law / Robert L. Hayman Jr. and Nancy Levit

On philosophy in American law : analytical legal philosophy / Brian H. Bix

Political philosophy and prosecutorial power / Austin Sarat and Connor Clarke

On (moral) philosophy and American legal scholarship / Matthew D. Adler

The aretaic turn in American philosophy of law / Lawrence B. Solum

On continental philosophy in American jurisprudence / Adam Thurschwell

Psychoanalysis as the jurisprudence of freedom / Jeanne L. Schroeder and David Gray Carlson.

Law as premise / Frank I. Michelman

Doing justice to justice : Paul Ricoeur / David H. Fisher

Love is all you need : freedom of thought versus freedom of action / Eugene Garver

Legal philosophy over the next century ( while we wait for the personal rocket transportation we were promised) / R. George Wright

Atmospherics : abortion law and philosophy / Anita L. Allen

Foundationalism and ground truth in American legal philosophy : classical rhetoric, realism, and pragmatism / Eileen A. Scallen

The irrelevance of comtemporary academic philosophy for law : recovering the rhetorical tradition / Francis J. Mootz III

Dicta / Peter Goodrich

Recent and future concepts of law : from conceptual analysis to a practice theory of law / Dennis Patterson

The tasks of a philosophy of law / Robert P. Burns

Law and phiosophy at odds / Larry Alexander and Emily Sherwin

Jurisprudence : beyond extinction? / Steven D. Smith

Law and philosophy in the hyperreal / Pierre Schlag

Philosophy? In American law? / Philippe Nonet

Optimism and pessimism in American legal philosophy / Carlos A. Ball

This jurisprudential moment / Marianne Constable

Fresh looks, philosophy-in-action, and American law / Michael Sullivan.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511576386

Access Restriction:

Restricted for use by site license.