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Published: 03 October 2013

256 Pages


ISBN: 9780199890699

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Reconstructing American Legal Realism & Rethinking Private Law Theory

Hanoch Dagan

  • Demonstrates how legal realism developed a rich account of law by drawing upon the texts of Holmes, Cardozo, and Llewellyn
  • Explains why those who claim to be modern legal realists have deviated from its legacy
  • Expands the application of legal realism and reasoning to a contemporary understanding of legal theory
  • Analyzes a range of core jurisprudential questions regarding the rule of law and the nature and structure of private law
  • Revives our understanding of law as a growing institution balancing three tensions: power and reason, science and craft, and tradition and progress