On Philosophy in American LawFrancis J. Mootz 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. |
Contents
part two philosophical perspectives on law | 53 |
part three areas of philosophy and their relationship to law | 97 |
part four philosophical examinations of legal issues | 149 |
part five law rhetoric and practice theory | 193 |
part six questioning the relationship between philosophy and american law | 239 |
part seven commentaries | 271 |
Contributors and Selected Bibliography | 295 |
305 | |
Other editions - View all
Common terms and phrases
abortion academic action Agamben American law American legal philosophy approach aretaic turn argued argument claim common law concept of law constitutional context Continental philosophy Court critical legal critical legal studies critical theory critique cultural decision discourse doctrine Dooyeweerd Dworkin essay ethics fact freedom of thought ground truth H. L. A. Hart Hart Harvard Univ Hegel hermeneutics human implicit individual institutions interest interpretation Isocrates judges judgment judicial jurisprudential Karl Karl Llewellyn law’s lawyers legal philosophy legal positivism legal practice legal realism legal rules legal scholars legal scholarship legal system legal theory Llewellyn 1934 means moral philosophy natural law nature of law normative Philosophy in American philosophy of law political positivists pragmatism prediction Press principles question rational reason rhetoric Ricoeur role rule of law School sense social Socrates suggests theorists theory of law thinkers tradition understanding virtue jurisprudence York