Beyond the formalist-realist divide : the role of politics in judging / Brian Z. Tamanaha.
2010
KF8775 .T36 2010 (Map It)
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Details
Author
Title
Beyond the formalist-realist divide : the role of politics in judging / Brian Z. Tamanaha.
Published
Princeton : Princeton University Press, [2010]
Copyright
©2010
Call Number
KF8775 .T36 2010
ISBN
9780691142791 (hardcover : alk. paper)
0691142793 (hardcover : alk. paper)
9780691142807 (pbk. : alk. paper)
0691142807 (pbk. : alk. paper)
0691142793 (hardcover : alk. paper)
9780691142807 (pbk. : alk. paper)
0691142807 (pbk. : alk. paper)
Description
x, 252 pages ; 24 cm
System Control No.
(OCoLC)320802257
Summary
"Drawing from extensive research into the writings of judges and scholar, Brian 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."--[book cover]
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Cardozo Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Cardozo Fund
Table of Contents
1.
Introduction
1
2.
The myth about beliefs in the common law
13
3.
The myth about "mechanical jurisprudence"
27
4.
The holes in the story about legal formalism
44
5.
Realism before the legal realists
67
6.
A reconstruction of legal realism
91
7.
The slant in the "judicial politics" field
111
8.
What quantitative studies of judging have found
132
9.
The emptiness of "formalism" in legal theory
159
10.
Beyond the formalist-realist divide
181
Afterword
200
Notes
203
Index
251