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Reconstructing American Legal Realism & Rethinking Private Law Theory
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Reconstructing American Legal Realism & Rethinking Private Law Theory

Hanoch Dagan

Abstract

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? This book provides a useful interpretation of legal realism. It revives the legal realists' rich account of law as a growing institution accommodating ... More

Keywords: judges, legal realists, judicial behavior, Oliver Wendell Holmes, Karl Llewellyn, rule of law, autonomy, taxonomy, rights and remedies, pluralism

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199890699
Published to Oxford Scholarship Online: September 2013 DOI:10.1093/acprof:oso/9780199890699.001.0001

Authors

Affiliations are at time of print publication.

Hanoch Dagan, author
Tel Aviv University