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Naturalizing JurisprudenceEssays on American Legal Realism and Naturalism in Legal Philosophy$
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Brian Leiter

Print publication date: 2007

Print ISBN-13: 9780199206490

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199206490.001.0001

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Is There an “American” Jurisprudence? *

Is There an “American” Jurisprudence? *

Chapter:
(p.81) 3 Is There an “American” Jurisprudence?*
Source:
Naturalizing Jurisprudence
Author(s):

BRIAN LEITER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206490.003.0005

This chapter shifts the focus from the philosophical response to Realism to that within academic law. It uses Neil Duxbury's interesting, if sometimes quite misleading, book Patterns of American Jurisprudence to explore the nature of what is often called legal formalism (which the Realists rejected), the Critical Legal Studies misunderstanding of Realism, the relationship between economic analysis of law and Realism, and the nature of jurisprudential inquiry itself.

Keywords:   Realism, legal philosophy, Neil Duxbury, Patterns of American Jurisprudence, legal formalism

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