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Beyond the Formalist-Realist Divide: The Role of Politics in Judging
Brian Z. Tamanaha
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Description for Beyond the Formalist-Realist Divide: The Role of Politics in Judging
Paperback. Reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. This title traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Num Pages: 264 pages. BIC Classification: LA; LNAA1; LNDM. Category: (UP) Postgraduate, Research & Scholarly. Dimension: 233 x 155 x 22. Weight in Grams: 384.
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 realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly ... Read more
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 realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly ... Read more
Product Details
Format
Paperback
Publication date
2009
Publisher
Princeton University Press United States
Number of pages
264
Condition
New
Number of Pages
264
Place of Publication
New Jersey, United States
ISBN
9780691142807
SKU
V9780691142807
Shipping Time
Usually ships in 7 to 11 working days
Ref
99-1
About Brian Z. Tamanaha
Brian Z. Tamanaha is professor of law at Washington University School of Law. His books include "On the Rule of Law and Law as a Means to an End".
Reviews for Beyond the Formalist-Realist Divide: The Role of Politics in Judging
"Tamanaha has written a provocative challenge to conventional wisdom about the rise of judicial realism... Strongly recommended for scholars and students of law, political science, and history."
Choice "Beyond the Formalist-Realist Divide is a clearly written and groundbreaking book. Although its focus is historical, its objective
in which it succeeds
is to change the way we think about law today."
Henry Cohen, Federal Lawyer ... Read more
Choice "Beyond the Formalist-Realist Divide is a clearly written and groundbreaking book. Although its focus is historical, its objective
in which it succeeds
is to change the way we think about law today."
Henry Cohen, Federal Lawyer ... Read more