The Common Law Tradition: Deciding AppealsKarl Llewellyn, a legal realist whose views on jurisprudence were influential and sometimes controversial, was also one of the leading teachers of fundamental legal thought. He took seriously the functions of courts, the use of precedent, and the power of rules. In this important book, he laid bare these jurisprudential tools, in support of appellate court thinking at all levels in the legal system. Legal analysis is so clearly picked apart that this work has served as a tool-kit for judicial thinking — and persuasive argument to courts — since it was first published in 1960. And his invaluable appendices show in detail how arguments and judicial expressions can be turned around to the advocate's advantage. This book is the culmination of a lifetime of analysis of legal thought from one of the legal system’s most important legends. The new digital edition from Quid Pro Books adds a 2015 Foreword by Tulane law professor Steven Alan Childress. It is part of the Legal Legends Series from Quid Pro. Quality ebook formatting includes linked notes, active Contents, active cross-references in text, and proper presentation of text and notes. Other convenient features include fully-linked Index and Table of Cases (using original pagination), so that the reader can easily navigate to the topic or case of interest, and locate references from the original printings. The ebook is carefully proofread and properly presented, unlike many such digital republications today. Also available in an affordable new paperback reprint edition from Quid Pro Books, and a library-quality hardcover format, both of which embed the original pagination from the original editions so as to maintain continuity across printings. These new printings also feature the 2015 introduction from Prof. Childress. A compelling new addition to the Legal Legends Series. |
Contents
THE LEEWAYS OF PRECEDENT 62 | |
B Enlarging the Standard Set of Sources | |
New York July 11 1939 and Further Samplings 96 | |
Tenth SituationSense Is Prime 245 | |
CONCLUSIONS FOR COURTS 256 | |
The Whole Case as the Test 285 | |
Finding the Time 309 | |
Outside Experts 323 | |
The Courts Expert or the Expert Court 333 | |
A Word to the Scholar 353 | |
A COMEALLYE FOR LAWYERS 398 | |
The Impact of Shaped Doctrine 106 | |
Why Do We Not Notice as We Move? 117 | |
THE CONTEMPORARY SCENE NATIONALLY 158 | |
THEORY OF RULES 178 | |
SENSE | |
Foreign Remittances 208 | |
The Law of Leeways 219 | |
Dilemmas 226 | |
THE ART OF MAKING PROPHECY | |
IT IS SO HARD TO SAY 401 | |
THREE PHASES OF CARDOZO 430 | |
METHOD IN THE MODERN STYLE OF REASON 446 | |
DISSENT STYLE OF WRITING 462 | |
A FURTHER CURRENT SAMPLINGS 469 | |
B REALISM THE GENESIS OF THIS BOOK | |
CANONS ON STATUTES 521 | |
Thrust and Parry 522 | |