A comprehensive, in-depth discussion of the most influential movement in American legal history, and one which remains more than fifty years later the subject of lively debate, this collection of readings, written largely between 1900 and 1940, includes works from prominent writers on the subject that have never before been generally available. Introduced and edited by noted scholars in the field, the anthology includes such contributors as Oliver Wendell Holmes, James Thayer, Roscoe Pound, John Chipman Gray, Wesley Hohfeld, Karl Llewellyn, Arthur Corbin, Nathan Issacs, Robert Hale, Harold Laski, Max Radin, and others. With concise biographical notes as well as introductions to provide historical context, each selection addresses a different debate involving Legal Realism. Included is a selective bibliography, making the text valuable to a broad range of scholars.
I. Antecedents The Common Law (1881),Oliver Wendell Holmes The Origin and Scope of the American Doctrine of Constitutional Law (1893),James B. Thayer The Path of the Law (1897),Oliver Wendell Holmes Lochner v. New York (1905) (Holmes, J., dissenting) Liberty of Contract (1909),Roscoe Pound The Nature and Sources of the Law (1909),John Chipman Gray Law in Books and Law in Action (1910),Roscoe Pound Some Fundamental Legal Conceptions as Applied in Judicial Reasoning (1913),Wesley Newcomb Hohfeld II. The Struggle over the Meaning of Realism A Realistic Jurisprudence--The Next Step (1930),Karl N. Llewellyn The Call for Realist Jurisprudence (1931),Roscoe Pound Some Realism About Realism--Responding to Dean Pound (1931),Karl N. Llewellyn III. Law and the Market Offer and Acceptance, and Some of the Resulting Legal Relations (1917),Arthur L. Corbin The Standardizing of Contracts (1917),Nathlƒ*