Written generations ago, but highly relevant today, The Bramble Bush remains one of the books most recommended for students to read when considering law school, just before beginning its study, or early in the first semester. Its first edition began as a collection from a series of introductory lectures given by legal legend Karl Llewellyn to new law students at Columbia University. It still speaks to law, legal reasoning, and exam-taking skills in a way that makes it a classic for each new generation. The Quid Pro Legal Legends Edition includes an extensive, practical, and modern Introduction by Stewart Macaulay, a senior law professor at the University of Wisconsin-Madison. Macaulay updates the current reader on the book's continued relevance and application, offers a practical perspective to new law students, and places the original edition in its historical context. Simply put, Macaulay writes, this "is a book that anyone interested in law schools or law should read." The Quid Pro Books edition of the classic work also includes several unobtrusive annotations, to update the reader on legal terms and cultural references made in the original that may not be clear to today's reader. Moreover, this is a carefully proofread and presented edition, lacking the errors and scanning mistakes of other presses' editions in print. It is also available in paperback and clothbound formats from Quid Pro, including the annotations and new Introduction by Prof. Macaulay.
Guide contains two distinct parts. The first gives a furtherdelineation of the contents of a section of the originalcollection of the papers. The second is a guide to theaddendum, or those items added to the collection since itwas originally organized.
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
Written generations ago, but highly relevant today, The Bramble Bush remains one of the books most recommended for students to read when considering law school, just before beginning its study, or early in the first semester. Its first edition began as a collection from a series of introductory lectures given by legal legend Karl Llewellyn to new law students at Columbia University. It still speaks to law, legal reasoning, and exam-taking skills in a way that makes it a classic for each new generation. The Quid Pro Legal Legends Edition includes an extensive, practical, and modern Introduction by Stewart Macaulay, a senior law professor at the University of Wisconsin-Madison. Macaulay updates the current reader on the book's continued relevance and application, offers a practical perspective to new law students, and places the original edition in its historical context. Simply put, Macaulay writes, this "is a book that anyone interested in law schools or law should read." The Quid Pro Books edition of the classic work also includes several unobtrusive annotations, to update the reader on legal terms and cultural references made in the original that may not be clear to today's reader. Moreover, this is a carefully proofread and presented edition, lacking the errors and scanning mistakes of other presses' editions in print. It is also available in paperback and clothbound formats from Quid Pro, including the annotations and new Introduction by Prof. Macaulay.
Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
This volume offers a unique perspective on a key issue of monetary economics: the effect of money on output. Karl Brunner and Allan Meltzer address the theoretical aspects of this issue with the purpose of understanding their policy implications. They offer an historical and at times provocative overview on the relationship between money and output, and go on to present their well-known model of a monetary economy, before examining the real sector. Throughout the volume, their views are confronted with competing explanations in order to highlight differences. The monetarist flavour of the volume emerges most clearly in frequent arguments pointing to the relative stability of the private sector.
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
A principios de la década de los años treinta surgió en Estados Unidos la corriente antiformalista del realismo jurídico, movimiento que construyó sus aportes a partir de una serie de críticas al formalismo que había surgido a ambos lados del Atlántico a finales del siglo XIX. Dentro de la corriente antiformalista, los realistas norteamericanos se erigieron como una nueva generación especialmente preocupada por la relación entre sociedad y derecho y por la forma como se construían las decisiones judiciales a partir de valoraciones de utilidad social y política pública. En este contexto se encargaron de desarrollar la intuición antiformalista frente a la indeterminación del derecho, según la cual resulta complejo predecir la decisión judicial a partir de normas jurídicas positivas, pues la labor de un juez también se encuentra determinada por consideraciones psicológicas o sociológicas que no son capturadas por las normas. La tesis fuerte de la indeterminación fue duramente resistida por otros antiformalistas estadounidenses que atacaron al realismo. Uno de estos ataques provino del prestigioso jurista y decano de la Escuela de Leyes de la Universidad de Harvard, Roscoe Pound. Este último, representante de la jurisprudencia sociológica, atacó el escepticismo de los realistas. Ello produjo una respuesta del representante más reputado del realismo jurídico, Karl Llewellyn, quien trató de resistir los ataques de Pound mostrando que los realistas de los años treinta eran herederos del antiformalismo de los viejos representantes de la jurisprudencia sociológica como lo era el propio Pound. No obstante la prudencia de Llewellyn, el debate marcó un quiebre general entre los "viejos" y los "nuevos" antiformalistas estadounidenses: los juristas sociológicos y los realistas.
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