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Jurisprudence of style : a structuralist history of American pragmatism and liberal legal thought [electronic resource] / by Justin Desautels-Stein.

Material type: TextTextLanguage: English Series: (Cambridge historical studies in American law and society)Publication details: Cambridge : Cambridge University Press, 2018.Description: 1 online resource (306p.)ISBN:
  • 9781316661444 (ebook) :
Subject(s): Online resources: 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."
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Table of contents:
Part I. Legal structuralism
Chapter 1. The rise and fall of the Harvard School
Chapter 2. Towards a jurisprudence of style
Chapter 3. The context of legal thought : structure and style in time
Part II. Liberal legal thought
Chapter 4. The classical style
Chapter 5. The modern style
Chapter 6. Liberal legalism and the context of legal thought
Part III. Pragmatic liberalism
Chapter 7. American pragmatism
Chapter 8. Liberal legalism is dead, long live liberal legalism
Chapter 9. Trompe l'oeil liberalism.

Includes Index.

"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."

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