Jurisprudence: realism in theory and practice / Karl N. Llewellyn.

Originally published: Chicago : University of Chicago Press, 1962.

Includes bibliographical references and index.

Introduction to the Transaction Edition vii
Preface xvii
REALISM
1 (230)
A Realistic Jurisprudence: The Next Step
3 (39)
Some Realism about Realism
42 (35)
Legal Tradition and Social Science Method
77 (24)
Frank's Law and the Modern Mind
101 (10)
Natural Law for Judges
111 (5)
Impressions of the Conference on Precedent
116 (12)
On Reading and Using the Newer Jurisprudence
128 (39)
On the Good, the True, the Beautiful, in Law
167 (48)
On the Current Recapture of the Grand Tradition
215 (16)
INSTITUTION, RULES, AND CRAFT
231 (166)
On the Nature of an Institution
233 (10)
The Bar's Troubles, and Poultices---and Cures?
243 (39)
American Common Law Tradition, and American Democracy
282 (34)
The Crafts of Law Re-valued
316 (7)
The Modern Approach to Counselling and Advocacy
323 (29)
Law and the Social Sciences---Especially Sociology
352 (20)
The Content of a Jurisprudence Course
372 (3)
The Study of Law as a Liberal Art
375 (22)
CONTROLLING BEHAVIOR: HOW AND WHY?
397 (92)
Law Observance Versus Law Enforcement
399 (13)
Theft as a Behavior Problem
412 (19)
Who are These Accused?
431 (8)
The Anthropology of Criminal Guilt
439 (12)
Group Prejudice and Social Education
451 (17)
Yes, It Takes Mass Production
468 (8)
The Law, Human Dignity, and Human Civilization
476 (4)
What Law Cannot Do for Inter-Racial Peace
480 (9)
MEN
489 (32)
Wesley Newcomb Hohfeld---Teacher
491 (4)
Roscoe Pound
495 (12)
Mr. Justice Holmes
507 (6)
Holmes
513 (8)
Index 521

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues. Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions. Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective

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