Skip to content
Open global navigation

Cambridge University Press

AcademicLocation selectorSearch toggleMain navigation toggle
Cart
Register Sign in Wishlist

On Philosophy in American Law

$102.00

K. N. Llewellyn, Jan M. Broekman, David S. Claudill, Brian Z. Tamanaha, Steven L. Winter, Larry Cata Backer, Robin West, Jack M. Balkin, Penelope Pether, George H. Taylor, Robert L. Hayman, Jr, Nancy Levit, Brian H. Bix, Austin Sarat, Connor Clarke, Matthew D. Adler, Lawrence B. Solum, Adam Thurschwell, Jeanne L. Schroeder, David Gray Carlson, Frank I. Michelman, David Fisher, Eugene Garver, R. George Wright, Anita L. Allen, Eileen A. Scallen, Francis J. Mootz III, Peter Goodrich, Dennis Patterson, Robert P. Burns, Larry Alexander, Emily Sherwin, Steven D. Smith, Pierre Schlag, Philippe Nonet, Carlos Ball, Marianne Constable, Michael Sullivan
View all contributors
  • Date Published: March 2009
  • availability: In stock
  • format: Hardback
  • isbn: 9780521883689

$102.00
Hardback

Add to cart Add to wishlist

Other available formats:
Paperback, eBook


Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact collegesales@cambridge.org providing details of the course you are teaching.

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • In recent years there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of philosophy and law might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers 38 leading scholars working in law and philosophy to provide focused and straightforward articulations of the role that philosophy might play at this juncture of American legal history. The volume marks the 75th anniversary of Karl Llewellyn’s essay “On Philosophy in American Law,” in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings, and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. The essays are written in the spirit of Llewellyn’s article: they are succinct and direct arguments about the potential for bringing law and philosophy together.

    • Contains succinct essays
    • Offers diverse perspectives
    • Writings by thirty-eight leading scholars
    Read more

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: March 2009
    • format: Hardback
    • isbn: 9780521883689
    • length: 332 pages
    • dimensions: 234 x 158 x 21 mm
    • weight: 0.55kg
    • availability: In stock
  • Table of Contents

    Part I. Karl Llewellyn and the Course of Philosophy in American Law:
    1. On philosophy in American law K. N. Llewellyn
    2. Law in life, life in law: Llewellyn's legal realism revisited Jan M. Broekman
    3. On realism's own 'hangover' of natural law philosophy: Llewellyn Avec Dooyeweerd and David S. Claudill
    4. On the instrumental view of law in American legal culture Brian Z. Tamanaha
    5. When things went terribly, terribly wrong Steven L. Winter
    6. The mechanics of perfection: philosophy, theology and the perfection of American law Larry Cata Backer
    Part II. Philosophical Perspectives on Law:
    7. Toward normative jurisprudence Robin West
    8. Critical legal theory today Jack M. Balkin
    9. Reviving the subject of law Penelope Pether
    10. Law and creativity George H. Taylor
    11. The stories of American law Robert L. Hayman, Jr and Nancy Levit
    Part III. Areas of Philosophy and Their Relationship to Law:
    12. On philosophy in American law: analytical legal philosophy Brian H. Bix
    13. Political philosophy and prosecutorial power Austin Sarat and Connor Clarke
    14. On (moral) philosophy and American legal scholarship Matthew D. Adler
    15. The aretaic turn in American philosophy of law Lawrence B. Solum
    16. On continental philosophy in American jurisprudence Adam Thurschwell
    17. Psychoanalysis as the jurisprudence of freedom Jeanne L. Schroeder and David Gray Carlson
    Part IV. Philosophical Examinations of Legal Issues:
    18. Law as premise Frank I. Michelman
    19. Doing justice to justice: Paul Ricoeur on justice David Fisher
    20. Love is all you need: freedom of thought versus freedom of action Eugene Garver
    21. Legal philosophy over the next century (while we wait for the personal rocket transportation we were promised) R. George Wright
    22. Atmospherics: abortion law and philosophy Anita L. Allen
    Part V. Law, Rhetoric and Practice Theory:
    23. Foundationalism and ground truth in American legal philosophy: classical rhetoric, realism and pragmatism Eileen A. Scallen
    24. The irrelevance of contemporary academic philosophy for law: recovering the rhetorical tradition Francis J. Mootz III
    25. Dicta Peter Goodrich
    26. Recent and future concepts of law: from conceptual analysis to a practice theory of law Dennis Patterson
    27. The tasks of a philosophy of law Robert P. Burns
    Part VI. Questioning the Relationship between Philosophy and American Law:
    28. Law and philosophy at odds Larry Alexander and Emily Sherwin
    29. Jurisprudence: beyond extinction? Steven D. Smith
    30. It is what it is Pierre Schlag
    31. Philosophy? In American law? Philippe Nonet
    Part VII. Commentaries:
    32. Optimism and pessimism in American legal philosophy Carlos Ball
    33. The jurisprudential moment Marianne Constable
    34. Fresh looks, philosophy in action and American law Michael Sullivan.

  • Instructors have used or reviewed this title for the following courses

    • Philosophy of Law and Morals: 381
  • Editor

    Francis J. Mootz III, University of the Pacific, California
    Francis J. Mootz III is the author of Rhetorical Knowledge in Legal Practice and Critical Legal Theory (2006) and Law, Rhetoric and Hermeneutics (2010). He is editor of Gadamer and Law (2007) and Nietzsche and Law (2008, with Peter Goodrich). He is also the author of a law casebook, Commercial Transactions: Sales, Leases, and Computer Information (2nd edition, 2008, with David Frisch and Peter Alces). He has published numerous articles in a variety of journals, including law reviews and peer-reviewed journals. Professor Mootz is a regular presenter at academic symposia focusing on issues of legal theory. He is a member of the editorial advisory board of the interdisciplinary journals Law, Culture and the Humanities and International Journal for the Semiotics of Law and is a member of the Organizing Committee of the Association for the Study of Law, Culture and the Humanities. He is an active member of the Association of American Law Schools, the North American Society for Philosophical Hermeneutics, the Law and Society Association, the Society for Ricoeur Studies and the Rhetoric Society of America. He currently is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas. Prior to accepting this appointment, he was the Samuel Weiss Distinguished Faculty Scholar and Professor of Law at the Dickinson School of Law of the Pennsylvania State University.

    Contributors

    K. N. Llewellyn, Jan M. Broekman, David S. Claudill, Brian Z. Tamanaha, Steven L. Winter, Larry Cata Backer, Robin West, Jack M. Balkin, Penelope Pether, George H. Taylor, Robert L. Hayman, Jr, Nancy Levit, Brian H. Bix, Austin Sarat, Connor Clarke, Matthew D. Adler, Lawrence B. Solum, Adam Thurschwell, Jeanne L. Schroeder, David Gray Carlson, Frank I. Michelman, David Fisher, Eugene Garver, R. George Wright, Anita L. Allen, Eileen A. Scallen, Francis J. Mootz III, Peter Goodrich, Dennis Patterson, Robert P. Burns, Larry Alexander, Emily Sherwin, Steven D. Smith, Pierre Schlag, Philippe Nonet, Carlos Ball, Marianne Constable, Michael Sullivan

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

You are now leaving the Cambridge University Press website, your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Find content that relates to you

© Cambridge University Press 2014

Back to top

Are you sure you want to delete your account?

This cannot be undone.

Cancel Delete

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×