By John Henry Schlegel
John Henry Schlegel recovers a mostly overlooked point of yank criminal Realism, a stream in felony notion within the Nineteen Twenties and Thirties that sought to carry the fashionable idea of empirical technology into the research and educating of legislations. during this e-book, he explores person Realist students' efforts to problem the obtained inspiration that the research of legislation used to be essentially an issue of studying ideas and the way to control them. He argues that empirical learn was once fundamental to criminal Realism, and he explores why this sort of study didn't, eventually, develop into part of American legislations college curricula. Schlegel reports the paintings of numerous trendy Realists yet concentrates at the writings of Walter Wheeler prepare dinner, Underhill Moore, and Charles E. Clark. He unearths how their curiosity in empirical study was once a fabricated from their own conditions and demonstrates the impact of John Dewey's rules at the expression of that curiosity. in response to Schlegel, competing understandings of the position of empirical inquiry contributed to the sluggish decline of this type of study by way of professors of law.A UNC Press Enduring version -- UNC Press Enduring variations use the newest in electronic know-how to make on hand back books from our unique backlist that have been formerly out of print. those variations are released unaltered from the unique, and are awarded in cheap paperback codecs, bringing readers either ancient and cultural worth.
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Extra info for American legal realism and empirical social science
Clark, Walter Wheeler Cook, William O. Douglas, Underhill Moore, Herman Oliphant, and Wesley Sturges were seen as bit players and all of the Realists' efforts at empirical legal research, work that was central to the lives of several of these individuals, became nothing more than a largely unsuccessful attempt to do the work promised by Pound's sociological jurisprudence and so evidence for the continuity between the two jurisprudences. 24 However, because he saw the growth of empirical studies across disciplines as part of a general shift in the direction of what he called "scientific naturalism," Purcell saw the Realists' empirical work as more integral to Realism than had Rumble.
This is a story of the search for a topic or topics of research and the search for permanent funding by four individuals so unlike each other that it is hard to conceive of them agreeing on a single approach to anything. Ultimately Marshall and Yntema focused their attention on presenting a statistical picture of the court systems of Ohio and Maryland and Oliphant, on efforts to gather data to support the reform of trial court procedure in New York City. Cook, in contrast, continued to write about legal method and to criticize the conflict of laws "scientifically" and so raised, if only indirectly, the question of whether it made sense to understand Dewey's message as he had done.
Thereafter Green published a torts casebook that completely eschewed a doctrinal organization and substituted an organization in terms of the factual circumstances railroad accident, auto accident, farm machinery accident, and the like and Llewellyn published a sales casebook that all but ignored the concept of "title" that had been central to the subject for over fifty years. " A predictable reaction then occurred. First was the eruption of the so-called Realist Controversy. " Llewellyn felt obliged to reply in an article in which he chose to examine the work of a sample of Realists to see whether Pound's Page 19 rather amorphous charges held up.
American legal realism and empirical social science by John Henry Schlegel