Coverart for item
The Resource Beyond the formalist-realist divide : the role of politics in judging, Brian Z. Tamanaha

Beyond the formalist-realist divide : the role of politics in judging, Brian Z. Tamanaha

Label
Beyond the formalist-realist divide : the role of politics in judging
Title
Beyond the formalist-realist divide
Title remainder
the role of politics in judging
Statement of responsibility
Brian Z. Tamanaha
Creator
Subject
Language
eng
Summary
  • According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repealed historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide
  • Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism
  • Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law
Cataloging source
DLC
http://library.link/vocab/creatorName
Tamanaha, Brian Z
Index
index present
LC call number
KF8775
LC item number
.T36 2010
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Judges
  • Judicial process
  • Law
  • Law
Label
Beyond the formalist-realist divide : the role of politics in judging, Brian Z. Tamanaha
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 203-250) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • p. 67 -- A
  • reconstruction of legal realism,
  • p. 91 -- The
  • slant in the "judicial politics" field,
  • p. 111
  • What quantitative studies of judging have found,
  • p. 132 -- The
  • emptiness of "formalism" in legal theory,
  • p. 159
  • Beyond the formalist-realist divide,
  • The
  • p. 181
  • myth about beliefs in the common law,
  • p. 13 -- The
  • myth about "mechanical jurisprudence",
  • p. 27 -- The
  • holes in the story about legal formalism,
  • p. 44
  • Realism before the legal realists,
Control code
320802257
Dimensions
24 cm
Extent
x, 252 pages
Isbn
9780691142807
Isbn Type
(pbk. : alk. paper)
Lccn
2009019801
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)320802257
Label
Beyond the formalist-realist divide : the role of politics in judging, Brian Z. Tamanaha
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 203-250) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • p. 67 -- A
  • reconstruction of legal realism,
  • p. 91 -- The
  • slant in the "judicial politics" field,
  • p. 111
  • What quantitative studies of judging have found,
  • p. 132 -- The
  • emptiness of "formalism" in legal theory,
  • p. 159
  • Beyond the formalist-realist divide,
  • The
  • p. 181
  • myth about beliefs in the common law,
  • p. 13 -- The
  • myth about "mechanical jurisprudence",
  • p. 27 -- The
  • holes in the story about legal formalism,
  • p. 44
  • Realism before the legal realists,
Control code
320802257
Dimensions
24 cm
Extent
x, 252 pages
Isbn
9780691142807
Isbn Type
(pbk. : alk. paper)
Lccn
2009019801
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)320802257

Library Locations

    • Pardee Legal Research CenterBorrow it
      5998 Alcalá Park, San Diego, CA, 92110-2492, US
      32.771471 -117.187496
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