This essay reexamines realist jurisprudence through a review of two biographies of leading realists: Dalia Tsuk Mitchell’s Architect of Justice: Felix Cohen and the Founding of American Legal Pluralism (2007), and Spencer Waller’s Thurman Arnold: A Biography (2005). The essay argues that when biographies of legal realists are considered alongside their academic writing, a more robust jurisprudence emerges. Realist lives crystallize the intuition that the major innovation of legal realism was not, as generally assumed, its attitude toward judges and adjudication. Instead, realist jurisprudence is an institutionalist view of law with a focus on groups rather than individuals. Realist jurisprudence understands courts, legislatures, administrative agencies, and nongovernmental groups as important loci of law, lawmaking, and legal reasoning.Hat tip.
Friday, August 20, 2010
Kreitner on Tsuk Mitchell's Cohen and Waller's Arnold
Roy Kreitner, Tel Aviv University, has posted Biographing Realist Jurisprudence, from Law and Social Inquiry 35 (Summer 2010). Here is the abstract: