David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press. 130 (2009)
This paper was written for a forthcoming Cambridge University Press anthology titled "On Philosophy in American Law" that commemorates the 75th anniversary of Karl Llewellyn's essay of the same name. Karl Llewellyn was a founder of the Legal Realist movement in American jurisprudence, and his essay is most obviously read as a brief for that movement, in which he argues that a Realist focus on underlying social needs better explains the course of American legal history than do the competing natural law, positivist and formalist schools. Without contesting the merits of this conventional reading, I argue that Llewellyn's essay also makes an implicit case for another, quite different point: the need for Continental philosophical approaches to law in contemporary American jurisprudence. In particular, I argue that the conception of philosophy upon which Llewellyn relies is, with one exception, deeply Hegelian. The one exception lies in Llewellyn's residual belief that, at least to a limited extent, philosophy can change the world as well interpret it. This belief places him squarely in the camp of post-Hegelian thinkers, the camp that also includes contemporary Continental political and legal philosophers. I conclude by suggesting how the post-Hegelian tradition responds to some of the deepest conundrums of contemporary American jurisprudence, using the problem of affirmative action as an example.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
C. J. Friedrich (1964). Karl Llewellyn's Legal Realism in Retrospect:Jurisprudence: Realism in Theory and Practice Karl Llewellyn. Ethics 74 (3):201-.
Francis J. Mootz (ed.) (2009). On Philosophy in American Law. Cambridge University Press.
Brian Bix (2008). Legal Philosophy in America. In C. J. Misak (ed.), The Oxford Handbook of American Philosophy. Oxford University Press.
Steven J. Burton (ed.) (2000). The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr. Cambridge University Press.
Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press.
Jeanne L. Schroeder & David Gray Carlson (2009). Psychoanalysis as the Jurisprudence of Freedom. In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press.
Robert P. Burns (2009). 27 The Tasks of a Philosophy of Law. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. 232.
David Brooke (2011). Jurisprudence. Routledge.
Anita L. Allen (2009). 22 Atmospherics: Abortion Law and Philosophy. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. 184.
David Brooke (2009). Jurisprudence, 2009-2010. Routledge-Cavendish.
Added to index2009-01-28
Total downloads13 ( #129,644 of 1,139,854 )
Recent downloads (6 months)1 ( #165,020 of 1,139,854 )
How can I increase my downloads?