Canon of American Legal Thought

ISBN-10: 0691120005
ISBN-13: 9780691120003
Edition: 2007
List price: $60.00 Buy it from $24.33
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Description: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly  More...

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Book details

List price: $60.00
Copyright year: 2007
Publisher: Princeton University Press
Publication date: 11/26/2006
Binding: Paperback
Pages: 936
Size: 7.00" wide x 10.00" long x 1.75" tall
Weight: 3.806
Language: English

This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clicheacute;s of everyday legal argument were originally formulated.

David Kennedy was born in Leicester, England in 1959 and educated at the University of Warwick. A poet and critic whose work has appeared in journals throughout the United Kingdom and abroad, Kennedy is the author of the book New Relations: The Refashioning of British Poetry 1980-1994. Considered the only critical guide dealing solely with British poetry of the 1980s and 1990s, New Relations contains a unique "Users' Guide to the New Poetry," aimed at students and teachers. Besides contributing on the current state of British poetry and his own critical and poetic practice in Binary Myths: Poets in Conversation and the Dice Cup, Kennedy is also the co-editor of the bestselling Bloodaxe Anthology: The New Poetry. David Kennedy lives in Sheffield, England, where he works as a manager in industry and study at the graduate school at Sheffield University.

Preface
Introduction
Attacking the Old Order: 1900-1940
"The Path of the Law," 10 Harvard Law Review 457 (1897)
"Some Fundamental Legal Conceptions as Applied in Judicial Reasoning," 23 Yale Law Journal 16 (1913)
"Coercion and Distribution in a Supposedly Noncoercive State," 38 Political Science Quarterly 470 (1923)
"Logical Method and Law," 10 Cornell Law Quarterly 17 (1924)
"Some Realism About Realism-Responding to Dean Pound," 44 Harvard Law Review 1222 (1931)
"Transcendental Nonsense and the Functional Approach," 35 Columbia Law Review 808 (1935)
A New Order: The Legal Process, Policy, and Principle: 1940-1960
"Consideration and Form," 41 Columbia Law Review 799 (1941)
The Legal Process: Basic Problems in the Making and Application of Law, Problem No. 1 (unpublished manuscript, 1958)
"Toward Neutral Principles of Constitutional Law," 73 Harvard Law Review 1 (1959)
The Emergence of Eclecticism: 1960-2000
Policy and Economics
"The Problem of Social Cost," 3 Journal of Law and Economics 1 (1960)
"Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," 85 Harvard Law Review 1089 (1972)
The Law and Society Movement
"Non-Contractual Relations in Business: A Preliminary Study," 28 American Sociological Review 55 (1963)
"Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change," 9 Law and Society Review 95 (1974)
Liberalism: Interpretation and the Role of the Judge
"Hard Cases," 88 Harvard Law Review 1057 (1975)
"The Role of the Judge in Public Law Litigation," 89 Harvard Law Review 1281 (1976)
Critical Legal Studies
"Form and Substance in Private Law Adjudication," 88 Harvard Law Review 1685 (1976)
Liberalism: Legal Philosophy and Ethics
"Violence and the World," 95 Yale Law Journal 1601 (1986)
"Law's Republic," 97 Yale Law Journal 1493 (1988)
Identity Politics
"Feminism, Marxism, Method, and the State: An Agenda for Theory," 7:3 Signs: Journal of Women in Culture and Society 515 (1982)
"Feminism, Marxism, Method, and the State: Toward a Feminist Jurisprudence," 8 Signs: Journal of Women, Culture, and Society 635 (1983)
"Introduction," Critical Race Theory: The Key Writings that Formed the Movement, The New Press, New York, 1996 at xiii-xxxii

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