Download PDF by John Henry Schlegel: American legal realism and empirical social science

By John Henry Schlegel

ISBN-10: 0807821799

ISBN-13: 9780807821794

John Henry Schlegel recovers a mostly overlooked element of yankee felony Realism, a circulate in criminal suggestion within the Twenties and Nineteen Thirties that sought to deliver the fashionable suggestion of empirical technology into the research and educating of legislation. during this publication, he explores person Realist students' efforts to problem the acquired suggestion that the research of legislations used to be basically a question of studying ideas and the way to control them. He argues that empirical study used to be critical to criminal Realism, and he explores why this sort of examine didn't, eventually, turn into part of American legislation tuition curricula. Schlegel reports the paintings of a number of widespread Realists yet concentrates at the writings of Walter Wheeler cook dinner, Underhill Moore, and Charles E. Clark. He finds how their curiosity in empirical study used to be a made of their own situations and demonstrates the impact of John Dewey's rules at the expression of that curiosity. based on Schlegel, competing understandings of the function of empirical inquiry contributed to the gradual decline of this sort of examine through professors of law.A UNC Press Enduring version -- UNC Press Enduring versions use the most recent in electronic expertise to make to be had back books from our wonderful backlist that have been formerly out of print. those versions are released unaltered from the unique, and are provided in reasonable paperback codecs, bringing readers either ancient and cultural price.

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Page i American Legal Realism And Empirical Social Science Page ii STUDIES IN LEGAL HISTORY Published by the University of North Carolina Press in association with the American Society for Legal History Thomas A. Green and Hendrik Hartog, editors Page iii JOHN HENRY SCHLEGEL American Legal Realism And Empirical Social Science University of North Carolina Press / Chapel Hill & London Page iv © 1995 The University of North Carolina Press All rights reserved Manufactured in the United States of America The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.

Individuals like Thurman Arnold, Charles E. Clark, Walter Wheeler Cook, William O. Douglas, Underhill Moore, Herman Oliphant, and Wesley Sturges were seen as bit players and all of the Realists' efforts at empirical legal research, work that was central to the lives of several of these individuals, became nothing more than a largely unsuccessful attempt to do the work promised by Pound's sociological jurisprudence and so evidence for the continuity between the two jurisprudences. 24 However, because he saw the growth of empirical studies across disciplines as part of a general shift in the direction of what he called "scientific naturalism," Purcell saw the Realists' empirical work as more integral to Realism than had Rumble.

It is that ground of individuals, committed to the understanding that legal education is focused solely on norms, against which the Realists engaged in empirical research reacted indeed, against which the Realists defined themselves and so define themselves for us. Seeing that ground, if only in negative outline, begins to show the contours of the legal academy then and, realistically, now. What follows, however, is by no means as straightforward an enterprise as might be suggested by this obligatory preview of coming attractions and contributions to the literature.

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American legal realism and empirical social science by John Henry Schlegel

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