Karl Llewellyn and the Realist Movement

Description

First published in 1973, Karl Llewellyn and the Realist Movement is recognized as a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the variegated group of lawyers known as the American Realists. A man of wide interests and colorful character, he made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties law, and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains a brief overview of Llewellyn's life and character before focusing attention on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition, the Uniform Commercial Code, and some significant manuscripts. In this second edition the original text is unchanged and is supplemented with a preface by Frederick Schauer and a lengthy afterword in which William Twining gives a fascinating personal account of the making of the book and comments on developments in relevant legal scholarship over the past forty years. Cover KARL LLEWELLYN AND THE REALIST MOVEMENT, SECOND EDITION Series Page Title Copyright CONTENTS FOREWORD I II III V VI PREFACE Postscript ACKNOWLEDGEMENTS ABBREVIATIONS USED IN THE TEXT BIBLIOGRAPHICAL NOTE PART ONE: The Rise of the Realist Movement 1870–1931 Introduction 1 Langdell’s Harvard 2 Corbin’s Yale, 1897–1918 3 Columbia in the 1920's 4 The Aftermath of the Split THE PRUDENTS THE SCIENTISTS THE DIFFUSION OF REALISM 5 The Realist Controversy, 1930–1931 WHO WERE THE REALISTS? PART TWO: The Life and Work of Karl Llewellyn: A Case Study 6 The Man CURRICULUM VITAE THE MAN AND HIS WORK THE HALF-WAY ARTIST RELIGION AND IDEOLOGY CONCLUSION 7 Two Early Works CASES AND MATERIALS ON THE LAW OF SALES (i) The range and use of source materials (ii) Classification and arrangement (iii) Educational objectives: Llewellyn and Langdell Conclusion THE BRAMBLE BUSH 8 The Cheyenne Way THE THEORY OF INVESTICATION REACTIONS 9 Law in Our Society LLEWELLYN'S APPROACH TO JURISPRUDENCE LAW-GOVERNMENT AS AN INSTITUTION: THE LAW-JOBS THEORY JUSTICE AND NATURAL LAW LLEWELLYN AND LEGAL SCIENCE LEGAL AESTHETICS THE THEORY OF CRAFTS THE THEORY OF RULES CONCLUSION 10 The Common Law Tradition INTRODUCTION THE CENTRAL ARGUMENT The descriptive thesis The prescriptive thesis THE CONCEPTUAL APPARATUS Reasonable reckonability and the steadying factors Style The Formal Style is authoritarian, formal, and 'logical' 'Justice' and the fireside equities' Situation sense Situation sense (summary) Reason and Candour Reason and Motive Leeways for interpretation of authoritative sources The limits of the leeways: THE DESCRIPTIVE THESIS Why did Llewellyn rely so heavily on reported cases? The descriptive thesis: conclusion THE PRESCRIPTIVE THESIS Appelate advocacy–'The art of making prophecy come true' Conclusions for courts Comparative analysis of judicial opinions APPRAISAL 11 The Genesis of the Uniform Commercial Code INTRODUCTION THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS AND THE AMERICAN LAW INSTITUTE THE FEDERAL SALES BILL AND THE REVISED UNIFORM SALES ACT THE CODE PROJECT: PLANNING AND PRELIMINARIES PREPARATION OF THE FIRST COMPLETE DRAFT (1944-9) CONSULTATION AND CRITICISM (1949-53) THE NEW YORK LAW REVISION COMMISSION STUDY AND AFTER THE CODE AFTER 1956 'LLEWELLYN'S CODE'? 12 The Jurisprudence of the Uniform Commercial Code OBJECTIVES AND UNDERLYING VALUES LLEWELLYN'S IDEAS ON CODIFICATION AND HIS APPROACH TO THE CODE 'IF I WERE A CHEQUE' – THE EMPIRICAL BASIS OF THE UNIFORM COMMERCIAL CODE PURPOSE AND REASON IN THE UNIFORM COMMERCIAL CODE Liberal interpretation made mandatory Explicit statements of policy incorporated in the Code Purpose to be inferred from choice of language and articulation of situation sense The Comments CATEGORIES The main organizing concept: 'movement of goods' Replacing an over-broad category by a number of narrower categories Replacing a series of narrow categories by a single broad category-Article The use of flexible standards LLEWELLYN'S WRITINGS ON COMMERCIAL LAW AND CONTRACT AND THEIR IMPLICATIONS FOR THE CODE CONCLUSION 13 Miscellaneous Writings THE SACCO-VANZETTI CASEI THE LEGAL PROFESSION LLEWELLYN AND LEGAL EDUCATION PUEBLO INDIAN LAW-GOVERNMENT The Codes Pueblo-Soviet Parallels The 'Parental' 14 The Significance of Llewellyn: an Assessment PART THREE: Conclusion 15 The Significance of Realism AFTERWORD Introduction Part A. KLRM: a personal memoir How I came to Chicago and Llewellyn Excursus: Soia Mentschikoff Llewellyn The Karl Llewellyn Papers Excursus B: Llewellyn and Hart Part B KLRM 1971–2011 Excursus C “Elements” Developments in the UCC and commercial law Part C Unfi nished agenda Notes Appendices Appendiices A: The War Adventure Appendices B: A Restatement of Llewellyn’s Theory of Rules Appendices C: Extracts from Law in Our Society Appendices D: Llewellyn’s Later Interpretations of Realism Appendices E: Two Documents on the Uniform Commercial Code Appendices F: The Pueblo Codes SELECT BIBLIOGRAPHY OF WORKS BY LLEWELLYN General Index