By John Henry Schlegel
John Henry Schlegel recovers a principally missed element of yank felony Realism, a flow in felony proposal within the Nineteen Twenties and Nineteen Thirties that sought to carry the trendy suggestion of empirical technology into the learn and instructing of legislation. during this publication, he explores person Realist students' efforts to problem the bought thought that the examine of legislation was once basically an issue of studying ideas and the way to govern them. He argues that empirical examine was once fundamental to felony Realism, and he explores why this type of examine didn't, ultimately, develop into part of American legislation institution curricula. Schlegel stories the paintings of a number of famous Realists yet concentrates at the writings of Walter Wheeler prepare dinner, Underhill Moore, and Charles E. Clark. He finds how their curiosity in empirical examine was once a made of their own situations and demonstrates the effect of John Dewey's rules at the expression of that curiosity. based on Schlegel, competing understandings of the position of empirical inquiry contributed to the sluggish 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 on hand back books from our extraordinary backlist that have been formerly out of print. those versions are released unaltered from the unique, and are offered in cheap paperback codecs, bringing readers either old and cultural worth.
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Extra info for American legal realism and empirical social science
But, though Moore considered himself to be a social scientist, other social scientists, particularly those at Yale's Institute of Human Relations from which much of the funding for his research came, did not treat him as if he were a social scientist. And so, in the end, Moore's work gave out just as did Clark's and Douglas's. The fourth chapter returns to the career of Walter Wheeler Cook. It chronicles Cook's work at Johns Hopkins University where he was joined by three exiles from the breakup of the Columbia Law School faculty: Herman Oliphant, Leon Marshall, and Hessel Yntema.
Berle, Felix Cohen, his father Morris, Fuller, Hale, James Landis, and even Felix Frankfurter are Realists, for all participated in one way or another in destroying the plausibility of formalism at the doctrinal level. I shall not quibble about names.
Both had difficulty accommodating the desire of law professors to do empirical legal research with the norms of the social scientists about how such work was to be done. Douglas ignored those norms and simply abandoned his research when it became irrelevant to the course of bankruptcy reform. Clark, in contrast, was more torn between the exigencies of the cause of reform and its adherents and the norms for doing empirical work brought by the social scientists. He persisted in the face of reformer critics of his enterprise and completed his research, but soon thereafter he turned to other, more interesting pursuits, such as reforming the rules of federal civil procedure.