The jurisprudence of style : a structuralist history of American pragmatism and liberal legal thought / Justin Desautels-Stein, University of Colorado.
2018
K230.D47 A33 2018 (Map It)
On loan from Cellar, due 27. Aug 2019
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Title
The jurisprudence of style : a structuralist history of American pragmatism and liberal legal thought / Justin Desautels-Stein, University of Colorado.
Published
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2018.
Copyright
©2018
Call Number
K230.D47 A33 2018
ISBN
9781107156654 hardcover alkaline paper
1107156653 hardcover alkaline paper
1107156653 hardcover alkaline paper
Description
xii, 305 pages ; 24 cm.
System Control No.
(OCoLC)1000385827
Summary
"In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought." -- Page i.
Note
"In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought." -- Page i.
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
Acknowledgments
xi
Overture
1
Legal Structure
18
Jurisprudence of Style
21
Legal Context
25
Problem with Pragmatism
28
pt. I
LEGAL STRUCTURALISM
1.
Rise and Fall of the Harvard School
35
On the Road to Legal Structuralism
36
Rise of Legal Structuralism (1975--1984)
40
Rise of the Poststructuralist Jurist
61
2.
Toward a Jurisprudence of Style
71
Maurice Merleau-Ponty: Thought as Practice
74
Michel Foucault: Practice as Structure
79
Roland Barthes: Structure as Ideology
88
3.
Context of Legal Thought: Structure and Style in Time
94
Persona: Structuralists and Jurists
95
Office: Training Jurists in the Language of Liberal Legalism
97
Speaking of History
101
Structuralist Legal History
108
pt. II
LIBERAL LEGAL THOUGHT
4.
Classical Style
123
So Says the Jurist
128
Summing Up the Classic Liberal Style
148
5.
Modern Style
152
So Says the Jurist
154
Summing Up the Modern Style
169
6.
Liberal Legalism and the Context of Legal Thought
172
General Contexts
173
Particular Contexts
180
Context of Legal Thought
183
pt. III
PRAGMATIC LIBERALISM
7.
American Pragmatism
197
Naturalizing Sensibility
205
Antinomian Sensibility
214
Is Philosophical Pragmatism an Antinomian Naturalism?
219
Doing What Works: The Cultural Sensibility of American Pragmatism
227
8.
Liberal Legalism Is Dead; Long Live Liberal Legalism
239
Theorizing Pragmatism and Law
241
Pragmatic Liberalism as a Style of Argumentative Practice
244
Pragmatic Liberalism as a Grammar of Conflict
256
9.
Trompe l'Oeil Liberalism
262
Illusion of Eclectic Problem Solving
265
Illusion of Settled Law
277
Illusion of the Now
285
Coda
292
Index
299