American Legal Culture, 1908-1940

American Legal Culture, 1908-1940

American Legal Culture, 1908-1940

American Legal Culture, 1908-1940

Synopsis

"A useful history, and, with its concentration on the activities of legal scholars rather than on court opinions, it should appeal to the interested layperson as well as to the legal historian. Recommended for academic law libraries and legal history collections." -Library Journal

Excerpt

This study until now has conspicuously ignored the role of legal philosophy in relation to the penchant for information. the reason for this is simple, although no doubt debatable. the early twentieth- century partisans of Brandeis briefs, those associated with the new extra-legal sources of information, the champions of legislative history, and those who undertook empirical social science research into legal subjects may have been intellectually sympathetic to certain strains of legal philosophy, but their commitment to information grew out of the more specific concerns already discussed, not out of devotion to a certain school of legal thought. Hence, most of the discussions of legal philosophy in the early twentieth century were explanatory and rationalizing rather than causative. in other words, legal philosophy in the first three decades of the twentieth century was not at the heart of American legal culture. It was reflective rather than generative. It was related to the informational mindset only to the degree that the shadows in Plato's famous cave metaphor were related to the objects they represented in the fire light.

American legal philosophy, however, came out into the sunlight in 1930. a famous exchange of views between Roscoe Pound and Karl Llewellyn beginning in that year set the most influential voices in the country's legal community talking about something called . . .

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