22 Atmospherics: Abortion Law and Philosophy

In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. pp. 184 (2009)

Authors
Anita Allen
Dublin City University
Abstract
In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, "On Philosophy in American Law." The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by "philosophy" Llewellyn only meant "atmosphere". His concerns were the "general approaches" taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy with a pumped-up conception of law. Llewellyn’s "law" included anything that reflects the "ways of the law guild at large" - judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit "philosophies" to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 42,236
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 2010 - Pearson Prentice Hall.
27 The Tasks of a Philosophy of Law.Robert P. Burns - 2009 - In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. pp. 232.
Lon L. Fuller.Robert S. Summers - 1984 - Stanford University Press.
The Theory of Rules.Karl N. Llewellyn - 2011 - University of Chicago Press.
On Continental Philosophy in American Jurisprudence.Adam Thurschwell - 2009 - In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press. pp. 130.

Analytics

Added to PP index
2009-01-28

Total views
96 ( #81,160 of 2,254,295 )

Recent downloads (6 months)
10 ( #125,528 of 2,254,295 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature