Beyond the Formalist-Realist Divide : : The Role of Politics in Judging / / Brian Z. Tamanaha.
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal rea...
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| Superior document: | Title is part of eBook package: De Gruyter Princeton University Press eBook-Package Backlist 2000-2013 |
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| Place / Publishing House: | Princeton, NJ : : Princeton University Press, , [2009] ©2010 |
| Year of Publication: | 2009 |
| Edition: | Course Book |
| Language: | English |
| Online Access: | |
| Physical Description: | 1 online resource (264 p.) |
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Table of Contents:
- Frontmatter
- Contents
- Acknowledgments
- 1. Introduction
- Part One. The Legal Formalists
- 2. The Myth about Beliefs in the Common Law
- 3. The Myth about "Mechanical Jurisprudence"
- 4. The Holes in the Story about Legal Formalism
- Part Two. The Legal Realists
- 5. Realism before the Legal Realists
- 6. A Reconstruction of Legal Realism
- Part Three. Studies of Judging
- 7. The Slant in the "Judicial Politics" Field
- 8. What Quantitative Studies of Judging Have Found
- Part Four. Legal Theory
- 9. The Emptiness of "Formalism" in Legal Theory
- 10. Beyond the Formalist-Realist Divide
- Afterword
- Notes
- Index