The Legal Studies Reader

The Legal Studies Reader is an innovative, clearly focused contribution to the growing literature in the new area of legal studies. Emphasizing the large issues that animate current debates over legal rules and principles and the proper roles of lawyers and judges, this is a book of conversations by the editors and some of the major figures of modern legal thought. Ronald Dworkin, John Finnis, Lon Fuller, H.L.A. Hart, Marc Galanter and others appear here in the seminal essays that have influenced generations of students of the law.
Beginning with a series of exchanges aimed at highlighting differences and leading the student into the essays in the second part, the editors debate law and violence, law and objectivity, law and society, and law and reason. The essays that follow develop these themes in depth, often with explicit reference to one another. Ranging from Legal Realism to the «Berkeley Perspective» to Critical Race Theory and Legal Feminism, The Legal Studies Reader charts the main theoretical positions that still dominate our thinking about law. Anyone interested in how law affects the pursuit of a fully developed, truly human life should read this book.

Auteur

The Editors: George Wright is Professor of Political Science and Director of the Center for Citizenship at the University of Wisconsin-Superior. He obtained his Ph.D. from Boalt Hall School of Law at the University of California, Berkeley, and his J.D. from Valparaiso University Law School. He has written on legal hermeneutics and political philosophy, especially the thought of Thomas Hobbes. Maria Stalzer Wyant Cuzzo is Associate Professor of Political Science and Legal Studies, Coordinator of the Legal Studies and Paralegal Programs, and founder of the Mediation/Conflict Resolution Program at the University of Wisconsin-Superior. She obtained her Ph.D. and J.D. degrees from the University of Minnesota and has authored articles on law and mediation.

Texte du rabat

The Legal Studies Reader is an innovative, clearly focused contribution to the growing literature in the new area of legal studies. Emphasizing the large issues that animate current debates over legal rules and principles and the proper roles of lawyers and judges, this is a book of conversations by the editors and some of the major figures of modern legal thought. Ronald Dworkin, John Finnis, Lon Fuller, H.L.A. Hart, Marc Galanter and others appear here in the seminal essays that have influenced generations of students of the law. Beginning with a series of exchanges aimed at highlighting differences and leading the student into the essays in the second part, the editors debate law and violence, law and objectivity, law and society, and law and reason. The essays that follow develop these themes in depth, often with explicit reference to one another. Ranging from Legal Realism to the «Berkeley Perspective» to Critical Race Theory and Legal Feminism, The Legal Studies Reader charts the main theoretical positions that still dominate our thinking about law. Anyone interested in how law affects the pursuit of a fully developed, truly human life should read this book.

Résumé
"This book is a record and roadmap of how two dedicated teachers have met the daunting challenge of presenting a basic, liberal arts course on law. One of the best ways to teach such courses to show the students why the instructors have chosen to construct them as they have. By using this method Wright and Cuzzo provide us with an outstanding teaching tool." (Martin Shapiro, James W. and Isabel Coffroth Professor of Law at Boalt Hall (School of Law), UC, Berkeley)
"I have read the 'Legal Studies Reader' with much appreciation. It features a substantial dialogue which skillfully presents some of the perennial issues in the ways we think about jurisprudence and society. I believe the book will be widely recognized as an important contribution to teaching and reflection about legal studies." (Philip Selznick, Professor Emeritus of Law and Sociology, University of California, Berkeley)

Contenu
Contents: George Wright/Maria Stalzer Wyant Cuzzo: A Conversation about Law Karel Llewellyn: Some Realism about Realism: Responding to Dean Pound H. L. A. Hart: Positivism and the Separation of Law and Morals Lon L. Fuller: Positivism and Fidelity to Law: A Reply to Professor Hart Ronald M. Dworkin: The Model of Rules Anthony D'Amato: The Limits of Legal Realism John Finnis: Virtue and the Constitution of the United States Jürgen Habermas: Paradigms of Law Donald J. Black: The Boundaries of Legal Sociology Philippe Nonet: For Jurisprudential Sociology Marc Galanter: Why the «Haves» Come Out Ahead: Speculations on the Limits of Legal Change William L. F. Felstiner/Richard L. Abel/Austin Sarat: The Emergence and Transformation of Disputes: Naming Blaming, Claiming Derrick A. Bell, Jr.: Racial Realism Frances Olsen: The Sex of Law.