Naturalizing Jurisprudence
Essays on American Legal Realism and Naturalism in Legal Philosophy
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Product details:
- Publisher OUP Oxford
- Date of Publication 22 March 2007
- ISBN 9780199206490
- Binding Paperback
- No. of pages300 pages
- Size 230x160x16 mm
- Weight 470 g
- Language English 0
Categories
Short description:
Naturalizing Jurisprudence gathers together Brian Leiter's most influential essays on the subject of American Legal Realism. The essays provide an overview of Leiter's redefinition of Legal Realism and its relationship with other models of legal and philosophical thought, from naturalism in philosophy to Critical Legal Studies.
MoreLong description:
Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers.
This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
This book will confirm Brian Leiter's place in the front rank of legal theorists in the world today. Leiter is not just someone who writes well about what others have said. He has carved out a new path in legal theory, and set new standards for critical analysis and insight along the way.
Table of Contents:
Introduction: From Legal Realism to Naturalized Jurisprudence
Part I: American Legal Realism and Its Critics
Rethinking Legal Realism: Toward a Naturalized Jurisprudence
Legal Realism and Legal Positivism Reconsidered
Is There an "American" Jurisprudence?
Part II: Naturalizing Jurisprudence
Legal Realism, Hard Positivism, and the Limits of Conceptual Analysis
Why Quine is Not a Postmodernist
Naturalism and Naturalized Jurisprudence
Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence
Part III: Naturalism, Morality, and Objectivity
Moral Facts and Best Explanations
Objectivity, Morality, and Adjudication
Law and Objectivity
