On Philosophy in American Law

doi:10.1017/CBO9780511576386

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 these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth 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. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-viii
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Introduction
pp ix-xxii
- By Francis J. Mootz III
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PART I - KARL LLEWELLYN AND THE COURSE OF PHILOSOPHY IN AMERICAN LAW
pp 1-2
- By K. N. Llewellyn
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1 - On Philosophy in American Law (1934)
pp 3-10
- By K. N. Llewellyn
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2 - Law in Life, Life in Law: Llewellyn's Legal Realism Revisited
pp 11-18
- By Jan M. Broekman
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3 - On Realism's Own “Hangover” of Natural Law Philosophy: Llewellyn Avec Dooyeweerd
pp 19-26
- By David S. Caudill
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4 - On the Instrumental View of Law in American Legal Culture
pp 27-34
- By Brian Z. Tamanaha
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5 - When Things Went Terribly, Terribly Wrong
pp 35-43
- By Steven L. Winter
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6 - The Mechanics of Perfection: Philosophy, Theology, and the Foundations of American Law
pp 44-52
- By Larry Catá Backer
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PART II - PHILOSOPHICAL PERSPECTIVES ON LAW
pp 53-54
- By Robin West
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7 - Toward Normative Jurisprudence
pp 55-63
- By Robin West
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8 - Critical Legal Theory Today
pp 64-72
- By Jack M. Balkin
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9 - Reviving the Subject of Law
pp 73-80
- By Pether Penelope
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10 - Law and Creativity
pp 81-87
- By George H. Taylor
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11 - The Stories of American Law
pp 88-96
- By Robert L. Hayman, Jr., Nancy Levit
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PART III - AREAS OF PHILOSOPHY AND THEIR RELATIONSHIP TO LAW
pp 97-98
- By Brian H. Bix
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12 - On Philosophy in American Law: Analytical Legal Philosophy
pp 99-105
- By Brian H. Bix
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13 - Political Philosophy and Prosecutorial Power
pp 106-113
- By Austin Sarat, Connor Clarke
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14 - On (Moral) Philosophy and American Legal Scholarship
pp 114-121
- By Matthew D. Adler
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15 - The Aretaic Turn in American Philosophy of Law
pp 122-129
- By Lawrence B. Solum
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16 - On Continental Philosophy in American Jurisprudence
pp 130-138
- By Adam Thurschwell
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17 - Psychoanalysis as the Jurisprudence of Freedom
pp 139-148
- By Jeanne L. Schroeder, David Gray Carlson
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PART IV - PHILOSOPHICAL EXAMINATIONS OF LEGAL ISSUES
pp 149-150
- By Frank I. Michelman
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18 - Law as Premise
pp 151-158
- By Frank I. Michelman
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19 - Doing Justice to Justice: Paul Ricoeur
pp 159-166
- By David H. Fisher
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20 - Love Is All You Need: Freedom of Thought versus Freedom of Action
pp 167-175
- By Eugene Garver
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22 - Atmospherics: Abortion Law and Philosophy
pp 184-192
- By Anita L. Allen
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PART V - LAW, RHETORIC, AND PRACTICE THEORY
pp 193-194
- By Eileen A. Scallen
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On Philosophy in American Law

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