American legal realism and empirical social science by John Henry Schlegel

By John Henry Schlegel

John Henry Schlegel recovers a principally overlooked element of yankee criminal Realism, a stream in felony concept within the Twenties and Nineteen Thirties that sought to carry the trendy inspiration of empirical technology into the learn and instructing of legislations. during this ebook, he explores person Realist students' efforts to problem the obtained suggestion that the examine of legislations used to be basically an issue of studying ideas and the way to govern them. He argues that empirical learn was once quintessential to felony Realism, and he explores why this sort of learn didn't, ultimately, develop into part of American legislation tuition curricula. Schlegel experiences the paintings of numerous favourite Realists yet concentrates at the writings of Walter Wheeler cook dinner, Underhill Moore, and Charles E. Clark. He unearths how their curiosity in empirical learn was once a made from their own situations and demonstrates the impression of John Dewey's rules at the expression of that curiosity. in accordance with Schlegel, competing understandings of the position of empirical inquiry contributed to the sluggish decline of this type of examine via professors of law.A UNC Press Enduring variation -- UNC Press Enduring variants use the newest in electronic expertise to make to be had back books from our exclusive backlist that have been formerly out of print. those variants are released unaltered from the unique, and are offered in cheap paperback codecs, bringing readers either historic and cultural price.

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It is for this reason and others that I believe that intellectual history, as traditionally understood as a history of ideas embodied in texts, is an essentially empty exercise,21 though intelligible as the practice of a group of historians Page 5 who participate in a professional identity that sees history as a largely autonomous enterprise of academics responding to other academics. Rather than a history of ideas, intellectual history needs to be the history of intellectuals, people who do things with ideas in this case in an academic setting.

By 1931, most of Clark and Douglas's empirical work was completed, though not necessarily published. The work at Hopkins would continue for two more years before the participants would go their own ways. Only Underhill Moore would mount a major research project after 1933. But there were other things to do, for that year brought the Roosevelt administration to Washington. The list of Realists who served, sometimes only for summers that somehow stretched into fall, sometimes for years, in the administration's emergency and permanent bureaucracy includes Thurman Arnold, who came to Yale early in Clark's deanship; Douglas; Abe Fortas, who barely had a chance to teach at his law school before heading off; Frank; Walton H.

This time, however, Butler, probably acting to preserve the income that Columbia derived from its horde of law students, chose Smith as Dean. In the resulting brouhaha William O. Douglas, a recently hired faculty member, resigned without first securing another teaching post and other faculty began to look elsewhere. While the Columbia faculty was having all of this fun with its curriculum, the Yale Law School was slowly emerging from a comfortable, if lethargic, existence. Its Dean, Thomas W. Swan, had built a strong, if not necessarily exciting, faculty that included Arthur Corbin, Charles E.

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