Cover image for Reconstructing American legal realism & rethinking private law theory
Reconstructing American legal realism & rethinking private law theory
Title:
Reconstructing American legal realism & rethinking private law theory
Author:
Dagan, Ḥanokh, author.
ISBN:
9780199359219

9780199367689
Personal Author:
Physical Description:
1 online resource (x, 236 pages)
Contents:
The realist conception of law -- Between rationality and benevolence : the happy ambivalence of law and legal theory -- The character of legal theory -- The limited autonomy of private law -- Legal realism and the taxonomy of private law -- Remedies and rights -- Pluralism and perfectionism in private law -- Private law pluralism and the rule of law.
Abstract:
The author revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress, and demonstrates how the major claims attributed to legal realism fit into this conception of law. The book seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost.
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