Reviews
"[A] highly useful collection....The selections chosen for inclusion, the introductory discussion of each section, and the extensive citations all make this an essential volume for the study of law in American society."--American Studies International "A very thoughtful selection of pre-Realist and Realist essays with marvelous introductory notes. Not just a useful teaching tool, but a valuable addition to understanding Realism."--Gregory Mark,Chicago-Kent College of Law "This carefully selected and expertly edited collection of Realist texts should serve both students and their professors very well. It may well become a standard book for legal history courses."--Norman Rosenberg,Macalester College "Very useful in teaching American legal history."--Louise Halper,Washington and Lee Law School "Wonderful and very well edited. Every law student should read it."--Eric Lane,Hofstra Law School "A very helpful collection of well chosen materials."--Ray Forrester,University of California, Hastings "An excellent collection of materials which will be an invaluable resource in my teaching."--Jeff Powell,Duke University "High powered stuff!...Well done!"--David Robinson,University of Houston-Downtown "Comprehensive and rounded."--Thomas G. Barnes,University of California, Berkeley "Realism remade the landscape of our law; in today's new world of transcendental nonsense, we ignore the Realists at our peril. Too many do, and this book is therefore essential. No one should leave law school without it."--Eben Moglen,Columbia Law School "Good collection of writings and thoughts on the subject."--Sally Jo Vasicko,Ball State University, "A very helpful collection of well chosen materials."--Ray Forrester, University of California, Hastings, "A very thoughtful selection of pre-Realist and Realist essays with marvelous introductory notes. Not just a useful teaching tool, but a valuable addition to understanding Realism."--Gregory Mark, Chicago-Kent College of Law, "This carefully selected and expertly edited collection of Realist texts should serve both students and their professors very well. It may well become a standard book for legal history courses."--Norman Rosenberg, Macalester College, "[A] highly useful collection....The selections chosen for inclusion, the introductory discussion of each section, and the extensive citations all make this an essential volume for the study of law in American society."--American Studies International, "An excellent collection of materials which will be an invaluable resource in my teaching."--Jeff Powell, Duke University, "Realism remade the landscape of our law; in today's new world of transcendental nonsense, we ignore the Realists at our peril. Too many do, and this book is therefore essential. No one should leave law school without it."--Eben Moglen, Columbia Law School, "A very thoughtful selection of pre-Realist and Realist essays withmarvelous introductory notes. Not just a useful teaching tool, but a valuableaddition to understanding Realism."--Gregory Mark, Chicago-Kent College ofLaw, "[A] highly useful collection....The selections chosen for inclusion, the introductory discussion of each section, and the extensive citations all make this an essential volume for the study of law in American society."--American Studies International"A very thoughtful selection of pre-Realist and Realist essays with marvelous introductory notes. Not just a useful teaching tool, but a valuable addition to understanding Realism."--Gregory Mark, Chicago-Kent College of Law"This carefully selected and expertly edited collection of Realist texts should serve both students and their professors very well. It may well become a standard book for legal history courses."--Norman Rosenberg, Macalester College"Very useful in teaching American legal history."--Louise Halper, Washington and Lee Law School"Wonderful and very well edited. Every law student should read it."--Eric Lane, Hofstra Law School"A very helpful collection of well chosen materials."--Ray Forrester, University of California, Hastings"An excellent collection of materials which will be an invaluable resource in my teaching."--Jeff Powell, Duke University"High powered stuff!...Well done!"--David Robinson, University of Houston-Downtown"Comprehensive and rounded."--Thomas G. Barnes, University of California, Berkeley"Realism remade the landscape of our law; in today's new world of transcendental nonsense, we ignore the Realists at our peril. Too many do, and this book is therefore essential. No one should leave law school without it."--Eben Moglen, Columbia Law School"Good collection of writings and thoughts on the subject."--Sally Jo Vasicko, Ball State University, "[A] highly useful collection....The selections chosen for inclusion, the introductory discussion of each section, and the extensive citations all make this an essential volume for the study of law in American society."--American Studies International "A very thoughtful selection of pre-Realist and Realist essays with marvelous introductory notes. Not just a useful teaching tool, but a valuable addition to understanding Realism."--Gregory Mark, Chicago-Kent College of Law "This carefully selected and expertly edited collection of Realist texts should serve both students and their professors very well. It may well become a standard book for legal history courses."--Norman Rosenberg, Macalester College "Very useful in teaching American legal history."--Louise Halper, Washington and Lee Law School "Wonderful and very well edited. Every law student should read it."--Eric Lane, Hofstra Law School "A very helpful collection of well chosen materials."--Ray Forrester, University of California, Hastings "An excellent collection of materials which will be an invaluable resource in my teaching."--Jeff Powell, Duke University "High powered stuff!...Well done!"--David Robinson, University of Houston-Downtown "Comprehensive and rounded."--Thomas G. Barnes, University of California, Berkeley "Realism remade the landscape of our law; in today's new world of transcendental nonsense, we ignore the Realists at our peril. Too many do, and this book is therefore essential. No one should leave law school without it."--Eben Moglen, Columbia Law School "Good collection of writings and thoughts on the subject."--Sally Jo Vasicko, Ball State University
Table of Content
I. AntecedentsThe Common Law (1881), Oliver Wendell Holmes"The Origin and Scope of the American Doctrine of Constitutional Law" (1893), James B. ThayerThe Path of the Law (1897), Oliver Wendell HolmesLochner v. New York (1905) (Holmes, J., dissenting)"Liberty of Contract" (1909), Roscoe PoundThe Nature and Sources of the Law (1909), John Chipman Gray"Law in Books and Law in Action" (1910), Roscoe Pound"Some Fundamental Legal Conceptions as Applied in Judicial Reasoning" (1913), Wesley Newcomb HohfeldII. The Struggle over the Meaning of "Realism""A Realistic Jurisprudence--The Next Step" (1930), Karl N. Llewellyn"The Call for Realist Jurisprudence" (1931), Roscoe Pound"Some Realism About Realism--Responding to Dean Pound" (1931), Karl N. LlewellynIII. Law and the Market"Offer and Acceptance, and Some of the Resulting Legal Relations" (1917), Arthur L. Corbin"The Standardizing of Contracts" (1917), Nathan Isaacs"What Price Contract?--An Essay in Perspective" (1931), Karl N. Llewellyn"The Reliance Interest in Contract Damages" (1936-1937), L.L. Fuller and William R. Purdue, Jr.IV. The Critique of the Public/Private Distinction"Coercion and Distribution in a Supposedly Non-Coercive State" (1923), Robert L. Hale"Property and Sovereignty" (1927), Morris R. Cohen"Law Making by Private Groups" (1937), Louis L. JaffeM. Witmark & Sons v. Fred Fisher Music Co. (1942) (Frank, J., dissenting)V. Law and Organizational SocietyVegelahn V. Guntner (1896)" The Basis of Vicarious Liability" (1917), Harold J. LaskiInternational News Service v. Associated Press (1918)"The Historic Background of Corporate Legal Personality" (1926), John DeweyThe Modern Corporation and Private Property (1932), Adolf A. Berle and Gardiner C. MeansThe Administrative Process (1938), James M. LandisVI. Legal ReasoningThe Nature of the Judicial Process (1921), Benjamin M. CardozoPennsylvania Coal Company v. Mahon (1922)"Logical Method and Law" (1924), John DeweyThe Theory of Judicial Decision: Or How Judges Think" (1925), Max Radin"A Return to Stare Decisis" (1928), Herman Oliphant"The Judgement Intuitive: The Function of the 'Hunch' in Judicial Decision" (1929), Joseph C. Hutcheson, Jr.Law and the Modern Mind (1930), Jerome Frank"Transcendental Nonsense and the Functional Approach" (1935), Felix S. Cohen"Remarks on the Theory of Apellate Decision and the Rules or Canons About How Statutes Are to Be Construed" (1950), Karl N. LlewellynVII. Law as Social ScienceBrief Defendant in Error, Muller v. Oregon (1908), Louis Brandeis and Josephine Goldmark"Scientific Method and the Law" (1927), Walter W. CookThe Cheyenne Way (1941), Karl N. Llewellyn and E. Anderson Hoebel"Law and Learning Theory: A Study in Legal Control" (1943), Underhill Moore and Charles C. CallahanVIII. Legal Education and Legal ScholarshipSummary of Studies in Legal Education (1929), Herman Oliphant, ed."Institute Priests and Yale Observers--A Reply to Dean Goodrich" (1936), Thurman W. Arnold"Goodbye to Law Reviews" (1936), Fred RodellNotesBibliography
