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Zusatztext "There is much in this compilation to admire! and it would actually make sense to make every American law professor . . . read and ponder these pieces." ---Stephen B. Presser! The American Lawyer Informationen zum Autor Edited by David Kennedy & William W. Fisher III Klappentext "Legal thought is a much broader category, and one of more general interest to law students, than jurisprudence, but until now there has been no collection available to readers. By bringing together these classic pieces exemplifying the main themes and schools of modern American legal thought, this book will be extremely useful to any teacher of the subject." --Robert W. Gordon, Yale Law School, editor of The Legacy of Oliver Wendell Holmes, Jr. Zusammenfassung This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated. Inhaltsverzeichnis Preface ix Introduction 1 Part I: Attacking the Old Order: 1900-1940 Oliver Wendell Holmes! "The Path of the Law!" 10 Harvard Law Review 457 (1897) 19 Wesley Hohfeld! "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning!" 23 Yale Law Journal 16 (1913) 45 Robert Hale! "Coercion and Distribution in a Supposedly Noncoercive State!" 38 Political Science Quarterly 470 (1923) 83 John Dewey! "Logical Method and Law!" 10 Cornell Law Quarterly 17 (1924) 111 Karl Llewellyn! "Some Realism About Realism-Responding to Dean Pound!" 44 Harvard Law Review 1222 (1931) 131 Felix Cohen! "Transcendental Nonsense and the Functional Approach!" 35 Columbia Law Review 809 (1935) 163 Part II: A New Order: The Legal Process! Policy! and Principle: 1940-1960 Lon L. Fuller! "Consideration and Form!" 41 Columbia Law Review 799 (1941) 207 Henry M. Hart! Jr.! and Albert M. Sacks! The Legal Process: Basic Problems in the Making and Application of Law! Problem No. 1 (unpublished manuscript! 1958) 241 Herbert Wechsler! "Toward Neutral Principles of Constitutional Law!" 73 Harvard Law Review 1 (1959) 311 Part III: The Emergence of Eclecticism: 1960-2000 Policy and Economics Ronald H. Coase! "The Problem of Social Cost!" 3 Journal of Law and Economics 1 (1960) 353 Guido Calabresi and Douglas Melamed! "Property Rules! Liability Rules! and Inalienability: One View of the Cathedral!" 85 Harvard Law Review 1089 (1972) 401 The Law and Society Movement Ste...
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Edited by David Kennedy & William W. Fisher III
