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The Canon of American Legal Thought / ed. by William W. Fisher, David Kennedy.

Contributor(s): Material type: TextTextPublisher: Princeton, NJ : Princeton University Press, [2018]Copyright date: ©2007Description: 1 online resourceContent type:
Media type:
Carrier type:
ISBN:
  • 9780691186429
Subject(s): DDC classification:
  • 340.10973 22
LOC classification:
  • KF379 .C366 2006eb
Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Contents -- Preface -- Introduction -- Part I: Attacking the Old Order: 1900-1940 -- Oliver Wendell Holmes, "The Path of the Law," 10 Harvard Law Review 457 (1897) -- Wesley Hohfeld, "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning," 23 Yale Law Journal 16 (1913) -- Robert Hale, "Coercion and Distribution in a Supposedly Noncoercive State," 38 Political Science Quarterly 470 (1923) -- John Dewey, "Logical Method and Law," 10 Cornell Law Quarterly 17 (1924) -- Karl Llewellyn, "Some Realism About Realism-Responding to Dean Pound," 44 Harvard Law Review 1222 (1931) -- Felix Cohen, "Transcendental Nonsense and the Functional Approach," 35 Columbia Law Review 809 (1935) -- 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) -- 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Hart, Jr., and Albert M. Sacks, The Legal Process: Basic Problems in the Making and Application of Law, Problem No. 1 (unpublished manuscript, 1958) -- Herbert Wechsler, "Toward Neutral Principles of Constitutional Law," 73 Harvard Law Review 1 (1959) -- Part III: The Emergence of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) -- Guido Calabresi and Douglas Melamed, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," 85 Harvard Law Review 1089 (1972) -- The Law and Society Movement -- Stewart Macaulay, "Non-Contractual Relations in Business: A Preliminary Study," 28 American Sociological Review 55 (1963) -- Marc Galanter, "Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change," 9 Law and Society Review 95 (1974) -- Liberalism: Interpretation and the Role of the Judge -- Ronald Dworkin, "Hard Cases," 88 Harvard Law Review 1057 (1975) -- Abram Chayes, "The Role of the Judge in Public Law Litigation," 89 Harvard Law Review 1281 (1976) -- Critical Legal Studies -- Duncan Kennedy, "Form and Substance in Private Law Adjudication," 88 Harvard Law Review 1685 (1976) -- Liberalism: Legal Philosophy and Ethics -- Robert Cover, "Violence and the Word," 95 Yale Law Journal 1601 (1986) -- Frank Michelman, "Law's Republic," 97 Yale Law Journal 1493 (1988) -- Identity Politics -- Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: An Agenda for Theory," 7:3 Signs: Journal of Women in Culture and Society 515 (1982) -- Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: Toward a Feminist Jurisprudence," 8 Signs: Journal of Women, Culture, and Society 635 (1983) -- Kimberlé Crenshaw, Neil Gotanda, Gary Peller, and Kendall Thomas, eds., "Introduction," Critical Race Theory: The Key Writings that Formed the Movement, The New Press, New York, 1996 at xiii-xxxii
Summary: 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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780691186429

Frontmatter -- Contents -- Preface -- Introduction -- Part I: Attacking the Old Order: 1900-1940 -- Oliver Wendell Holmes, "The Path of the Law," 10 Harvard Law Review 457 (1897) -- Wesley Hohfeld, "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning," 23 Yale Law Journal 16 (1913) -- Robert Hale, "Coercion and Distribution in a Supposedly Noncoercive State," 38 Political Science Quarterly 470 (1923) -- John Dewey, "Logical Method and Law," 10 Cornell Law Quarterly 17 (1924) -- Karl Llewellyn, "Some Realism About Realism-Responding to Dean Pound," 44 Harvard Law Review 1222 (1931) -- Felix Cohen, "Transcendental Nonsense and the Functional Approach," 35 Columbia Law Review 809 (1935) -- 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) -- 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) -- Herbert Wechsler, "Toward Neutral Principles of Constitutional Law," 73 Harvard Law Review 1 (1959) -- 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) -- Guido Calabresi and Douglas Melamed, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," 85 Harvard Law Review 1089 (1972) -- The Law and Society Movement -- Stewart Macaulay, "Non-Contractual Relations in Business: A Preliminary Study," 28 American Sociological Review 55 (1963) -- Marc Galanter, "Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change," 9 Law and Society Review 95 (1974) -- Liberalism: Interpretation and the Role of the Judge -- Ronald Dworkin, "Hard Cases," 88 Harvard Law Review 1057 (1975) -- Abram Chayes, "The Role of the Judge in Public Law Litigation," 89 Harvard Law Review 1281 (1976) -- Critical Legal Studies -- Duncan Kennedy, "Form and Substance in Private Law Adjudication," 88 Harvard Law Review 1685 (1976) -- Liberalism: Legal Philosophy and Ethics -- Robert Cover, "Violence and the Word," 95 Yale Law Journal 1601 (1986) -- Frank Michelman, "Law's Republic," 97 Yale Law Journal 1493 (1988) -- Identity Politics -- Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: An Agenda for Theory," 7:3 Signs: Journal of Women in Culture and Society 515 (1982) -- Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: Toward a Feminist Jurisprudence," 8 Signs: Journal of Women, Culture, and Society 635 (1983) -- Kimberlé Crenshaw, Neil Gotanda, Gary Peller, and Kendall Thomas, eds., "Introduction," Critical Race Theory: The Key Writings that Formed the Movement, The New Press, New York, 1996 at xiii-xxxii

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http://purl.org/coar/access_right/c_16ec

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.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 30. Aug 2021)