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 | |
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abortion academic action American law aretaic turn argued argument benefits Cambridge claim common law conception conflict constitutional context Continental philosophy Court critical legal critical legal studies critical theory critique cultural decision define definition discourse doctrine Dooyeweerd Dworkin ethics fact field figures find first fit freedom of thought ground truth H. L. A. Hart Hart Hart’s Harvard Univ Hegel hermeneutics human identified implicit influence institutions interpretation Isocrates judges judgment judicial jurisprudence jurisprudential justice Karl Llewellyn law’s lawyers legal philosophy legal positivism legal practice legal realism legal scholars legal system legal theory Llewellyn 1934 Llewellyn’s essay means moral philosophy natural law normative officials ofLaw one’s Philosophy in American philosophy of law Plato political positivists pragmatism Press principles question rational reason reflects rhetoric Ricoeur role rule of law scientific sense significant social Socrates specific sufficient suggests theorists tradition understanding virtue virtue jurisprudence