| Description |
1 online resource (x, 252 pages) |
| Physical Medium |
polychrome |
| Description |
text file |
| Bibliography |
Includes bibliographical references and index. |
| Contents |
Cover; Title; Copyright; Contents; Acknowledgments; 1 Introduction; PART ONE: THE LEGAL FORMALISTS; 2 The Myth about Beliefs in the Common Law; 3 The Myth about "Mechanical Jurisprudence"; 4 The Holes in the Story about Legal Formalism; PART TWO: The Legal Realists; 5 Realism before the Legal Realists; 6 A Reconstruction of Legal Realism; PART THREE: STUDIES OF JUDGING; 7 The Slant in the "Judicial Politics" Field; 8 What Quantitative Studies of Judging Have Found; PART FOUR: LEGAL THEORY; 9 The Emptiness of "Formalism" in Legal Theory; 10 Beyond the Formalist-Realist Divide; Afterword; Notes. |
| Summary |
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about jud. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Judges -- United States.
|
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Judges. |
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United States. |
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Judicial process -- United States.
|
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Judicial process. |
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Law -- Political aspects -- United States.
|
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Law -- Political aspects. |
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Law -- United States -- Philosophy.
|
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Law. |
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Philosophy. |
| Indexed Term |
Legal formalism. |
|
Legal realism. |
| Genre/Form |
Electronic books.
|
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Electronic books.
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| Subject |
Law. |
| Other Form: |
Print version: Tamanaha, Brian Z. Beyond the formalist-realist divide. Princeton : Princeton University Press, ©2010 9780691142807 (DLC) 2009019801 (OCoLC)320802257 |
| ISBN |
9781400831982 (electronic book) |
|
1400831989 (electronic book) |
|
1282458590 |
|
9781282458598 |
|
9780691142791 (hardcover ; alkaline paper) |
|
9780691142807 (paperback ; alkaline paper) |
|
0691142793 |
|
0691142807 |
|
