By John Henry Schlegel
John Henry Schlegel recovers a principally overlooked point of yank criminal Realism, a move in criminal inspiration within the Nineteen Twenties and Nineteen Thirties that sought to convey the trendy thought of empirical technology into the examine and instructing of legislation. during this booklet, he explores person Realist students' efforts to problem the got inspiration that the learn of legislation used to be essentially an issue of studying ideas and the way to govern them. He argues that empirical learn used to be critical to criminal Realism, and he explores why this sort of examine didn't, ultimately, develop into part of American legislation university curricula. Schlegel stories the paintings of a number of widespread Realists yet concentrates at the writings of Walter Wheeler cook dinner, Underhill Moore, and Charles E. Clark. He unearths how their curiosity in empirical examine used to be a fabricated from their own conditions and demonstrates the impression of John Dewey's rules at the expression of that curiosity. in keeping with Schlegel, competing understandings of the function of empirical inquiry contributed to the sluggish decline of this sort of study by way of professors of law.A UNC Press Enduring variation -- UNC Press Enduring variations use the newest in electronic know-how to make on hand back books from our exotic backlist that have been formerly out of print. those variants are released unaltered from the unique, and are offered in reasonable paperback codecs, bringing readers either old and cultural worth.
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Additional info for American legal realism and empirical social science
In doing so I have no illusions, as do some narrative theorists, that my narrative is more direct, more unmediated, less controlled than would be the case were I to adopt a more argumentative form of presentation. Indeed, it is possible that an author exerts more control through narrative than through a more obviously argumentative form. This is because, less constrained by cultural notions of what a rational argument is, the author of a narrative can better fashion the argument being made by trimming here, filling there, and diverting attention by pointing somewhere else.
Douglas's work was with the bankruptcy laws. Both Clark and Douglas had the help of real social scientists Emma Corstvet and Dorothy Swaine Thomas and so each was exposed directly to the understandings of empirical method that were then growing in the social sciences. Both had difficulty accommodating the desire of law professors to do empirical legal research with the norms of the social scientists about how such work was to be done. Douglas ignored those norms and simply abandoned his research when it became irrelevant to the course of bankruptcy reform.
Seeing that ground, if only in negative outline, begins to show the contours of the legal academy then and, realistically, now. What follows, however, is by no means as straightforward an enterprise as might be suggested by this obligatory preview of coming attractions and contributions to the literature. Instead, I have taken what my wonderfully Page 12 tolerant series editor has not improperly seen as a doubly idiosyncratic approach to the presentation of these materials. It is idiosyncratic first because, believing in the need to place the ideas that I treat in their full personal, social, and institutional context, I therefore must knowingly run the risk of presenting "ideas and people hopelessly intermingled," in the words of my good friend, Fred Konefsky.
American legal realism and empirical social science by John Henry Schlegel