Reconstructing American Legal Realism & Rethinking Private Law Theory by Hanoch

Description: Reconstructing American Legal Realism & Rethinking Private Law Theory by Hanoch Dagan This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of laws autonomy in its positivistrendition?In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists rich account oflaw as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historicalsignpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a partof legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing laws irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics,such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law. Author Biography Hanoch Dagan is the Stewart and Judy Colton Chair in Legal Theory and Innovation at Tel Aviv University Faculty of Law, a senior fellow at the Israel Democracy Institute, and a member of the American Law Institute and of the International Academy of Comparative Law. Professor Dagan received an LL.M. and a J.S.D. from Yale Law School, where he held a Fulbright award after receiving his LL.B. summa cum laude from Tel Aviv University. He is aformer Dean of the Faculty of Law at Tel Aviv University and the founding director of the Zvi Meitar Center for Advanced Legal Studies. Prior to becoming Dean, he was the director of the Cegla Center for InterdisciplinaryResearch of the Law and the editor in chief of Theoretical Inquiries in Law. Professor Dagan has also written over fifty articles in the leading American law journals and reviews as well as five books, among them Property: Values and Institutions (Oxford University Press 2011), and Properties of Property (with Gregory S. Alexander 2012). Table of Contents Chapter 1: IntroductionChapter 2: The Realist ConceptionChapter 3: Rationality and BenevolenceChapter 4: Character of Legal TheoryChapter 5: Autonomy of Private LawChapter 6: Taxonomy of Private LawChapter 7: Remedies and RightsChapter 8: Pluralism and PerfectionismChapter 9: Pluralism and the Rule of Law Promotional Demonstrates how legal realism developed by drawing upon the texts of Holmes, Cardozo, and Llewellyn Long Description In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of laws autonomy in its positivistrendition?In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists rich account oflaw as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historicalsignpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a partof legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing laws irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics,such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law. Feature Selling point: Demonstrates how legal realism developed a rich account of law by drawing upon the texts of Holmes, Cardozo, and LlewellynSelling point: Explains why those who claim to be modern legal realists have deviated from its legacySelling point: Expands the application of legal realism and reasoning to a contemporary understanding of legal theorySelling point: Analyzes a range of core jurisprudential questions regarding the rule of law and the nature and structure of private lawSelling point: Revives our understanding of law as a growing institution balancing three tensions: power and reason, science and craft, and tradition and progress Details ISBN0199890692 Author Hanoch Dagan Short Title RECONSTRUCTING AMER LEGAL REAL Language English ISBN-10 0199890692 ISBN-13 9780199890699 Media Book Format Hardcover DEWEY 346.001 Year 2013 Illustrations black & white illustrations Position Faculty of Law Place of Publication New York Country of Publication United States Affiliation Faculty of Law, Tel Aviv University UK Release Date 2013-10-03 AU Release Date 2013-10-03 NZ Release Date 2013-10-03 US Release Date 2013-10-03 Pages 256 Publisher Oxford University Press Inc Publication Date 2013-10-03 Imprint Oxford University Press Inc Audience Undergraduate We've got this At The Nile, if you're looking for it, we've got it. 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