On Philosophy in American Law

Original essays by 38 leading legal theorists mark the 75th anniversary of Karl Llewellyn's essay 'On Philosophy in American Law.'

Francis J. Mootz III (Edited by)

9781107661240, Cambridge University Press

Paperback / softback, published 24 October 2011

334 pages
22.6 x 15.2 x 2.3 cm, 0.43 kg

In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.

Part I. Karl Llewellyn and the Course of Philosophy in American Law: 1. On philosophy in American law K. N. Llewellyn
2. Law in life, life in law: Llewellyn's legal realism revisited Jan M. Broekman
3. On realism's own 'hangover' of natural law philosophy: Llewellyn Avec Dooyeweerd and David S. Claudill
4. On the instrumental view of law in American legal culture Brian Z. Tamanaha
5. When things went terribly, terribly wrong Steven L. Winter
6. The mechanics of perfection: philosophy, theology and the perfection of American law Larry Cata Backer
Part II. Philosophical Perspectives on Law: 7. Toward normative jurisprudence Robin West
8. Critical legal theory today Jack M. Balkin
9. Reviving the subject of law Penelope Pether
10. Law and creativity George H. Taylor
11. The stories of American law Robert L. Hayman, Jr and Nancy Levit
Part III. Areas of Philosophy and Their Relationship to Law: 12. On philosophy in American law: analytical legal philosophy Brian H. Bix
13. Political philosophy and prosecutorial power Austin Sarat and Connor Clarke
14. On (moral) philosophy and American legal scholarship Matthew D. Adler
15. The aretaic turn in American philosophy of law Lawrence B. Solum
16. On continental philosophy in American jurisprudence Adam Thurschwell
17. Psychoanalysis as the jurisprudence of freedom Jeanne L. Schroeder and David Gray Carlson
Part IV. Philosophical Examinations of Legal Issues: 18. Law as premise Frank I. Michelman
19. Doing justice to justice: Paul Ricoeur on justice David Fisher
20. Love is all you need: freedom of thought versus freedom of action Eugene Garver
21. Legal philosophy over the next century (while we wait for the personal rocket transportation we were promised) R. George Wright
22. Atmospherics: abortion law and philosophy Anita L. Allen
Part V. Law, Rhetoric and Practice Theory: 23. Foundationalism and ground truth in American legal philosophy: classical rhetoric, realism and pragmatism Eileen A. Scallen
24. The irrelevance of contemporary academic philosophy for law: recovering the rhetorical tradition Francis J. Mootz III
25. Dicta Peter Goodrich
26. Recent and future concepts of law: from conceptual analysis to a practice theory of law Dennis Patterson
27. The tasks of a philosophy of law Robert P. Burns
Part VI. Questioning the Relationship between Philosophy and American Law: 28. Law and philosophy at odds Larry Alexander and Emily Sherwin
29. Jurisprudence: beyond extinction? Steven D. Smith
30. It is what it is Pierre Schlag
31. Philosophy? In American law? Philippe Nonet
Part VII. Commentaries: 32. Optimism and pessimism in American legal philosophy Carlos Ball
33. The jurisprudential moment Marianne Constable
34. Fresh looks, philosophy in action and American law Michael Sullivan.

Subject Areas: Jurisprudence & philosophy of law [LAB], Jurisprudence & general issues [LA], Law [L]