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The jurisprudence of style : a structuralist history of American pragmatism and liberal legal thought

Desautels-Stein, Justin, 1975- author

Publication Details Click to collapse Cite/Export

  • Creator Justin Desautels-Stein, University of Colorado
  • Format Books
  • Publication Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2018. ©2018
  • Series
  • Physical Details
    • xii, 305 pages ; 24 cm
  • ISBNs 1107156653, 9781107156654
  • OCLC on1000385827

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.

Notes

  • Includes bibliographical references and index.

Contents

  • Part I. Legal structuralism -- The rise and fall of the Harvard School -- Towards a jurisprudence of style -- The context of legal thought : structure and style in time -- Part II. Liberal legal thought -- The classical style -- The modern style -- Liberal legalism and the context of legal thought -- Part III. Pragmatic liberalism -- American pragmatism -- Liberal legalism is dead, long live liberal legalism -- Trompe l'oeil liberalism