Reconstructing American Legal Realism & Rethinking Private Law Theory

by Hanoch Dagan

Book Overview

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition?

In...

• Format: Hardcover
• Language: English
• ISBN: 0199890692
• ISBN13: 9780199890699
• Release Date: September 2013
• Publisher: OUP Us
• Length: 256 Pages
• Weight: 1.05 lbs.
• Dimensions: 1.0" x 6.3" x 9.3"