Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Postscript
- Acknowledgements
- Abbreviations
- Part I The Rise of the Realist Movement 1870–1931
- Part II The Life and Work of Karl Llewellyn: A Case Study
- Part III Conclusion
- Appendices
- Appendices A The War Adventure
- Appendices B A Restatement of Llewellyn's Theory of Rules
- Appendices C Extracts from Law in Our Society
- Appendices D Llewellyn's Later Interpretations of Realism
- Appendices E Two Documents on the Uniform Commercial Code
- Appendices F The Pueblo Codes
- Bibliography
- General Index
Appendices D - Llewellyn's Later Interpretations of Realism
from Appendices
Published online by Cambridge University Press: 05 December 2012
- Frontmatter
- Contents
- Foreword
- Preface
- Postscript
- Acknowledgements
- Abbreviations
- Part I The Rise of the Realist Movement 1870–1931
- Part II The Life and Work of Karl Llewellyn: A Case Study
- Part III Conclusion
- Appendices
- Appendices A The War Adventure
- Appendices B A Restatement of Llewellyn's Theory of Rules
- Appendices C Extracts from Law in Our Society
- Appendices D Llewellyn's Later Interpretations of Realism
- Appendices E Two Documents on the Uniform Commercial Code
- Appendices F The Pueblo Codes
- Bibliography
- General Index
Summary
‘Some Realism about Realism’ was Llewellyn's most disciplined attempt to provide a coherent account of realism. Despite its limitations, it remains one of the most important and illuminating discussions of the pre-1931 literature. On a number of subsequent occasions he was tempted to make further appraisals of the realist movement. In addition to many allusions scattered about his writings there are several unpublished items specifically about realism; however, the two most important sustained discussions appeared in print: an article On Reading and Using the Newer Jurisprudence’ (1940) and Appendix B of The Common Law Tradition. None of these later writings was as painstaking as Part I of ‘Some Realism about Realism’. Rather, they consist for the most part of detailed comments on particular works and of somewhat impressionistic general statements. ‘On Reading and Using the Newer Jurisprudence’ was written in 1939–40 and was published simultaneously in the American Bar Association Journal and the Columbia Law Review. It was written principally for the benefit of readers of the former journal and set out to interpret the juristic antics of the 1930s in simple common-sense terms. The first half is largely devoted to a general analysis of judicial discretion and is more realistically treated as a statement of Llewellyn's views on the subject than as a serious analysis of the ideas of others. The second half takes the form of a review of a selection of books on jurisprudence by ‘a few of the more striking writers’ (especially Pound, Frank, Hutcheson, Michael and Adler, Arnold, Rodell), ‘though much of the best material is in articles’, many on specific legal topics.
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- Karl Llewellyn and the Realist Movement , pp. 573 - 579Publisher: Cambridge University PressPrint publication year: 2012