By John Henry Schlegel
John Henry Schlegel recovers a principally overlooked element of yankee criminal Realism, a stream in felony concept within the Twenties and Thirties that sought to convey the trendy inspiration of empirical technological know-how into the research and instructing of legislation. during this ebook, he explores person Realist students' efforts to problem the bought idea that the learn of legislation was once essentially an issue of studying principles and the way to govern them. He argues that empirical study used to be essential to felony Realism, and he explores why this type of learn didn't, eventually, turn into part of American legislation college curricula. Schlegel experiences the paintings of numerous famous Realists yet concentrates at the writings of Walter Wheeler cook dinner, Underhill Moore, and Charles E. Clark. He unearths how their curiosity in empirical examine used to be a made of their own situations and demonstrates the impression of John Dewey's principles at the expression of that curiosity. in accordance with Schlegel, competing understandings of the position of empirical inquiry contributed to the gradual decline of this sort of examine through professors of law.A UNC Press Enduring version -- UNC Press Enduring variants use the newest in electronic expertise to make on hand back books from our wonderful backlist that have been formerly out of print. those variants are released unaltered from the unique, and are offered in cheap paperback codecs, bringing readers either historic and cultural price.
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Others who answered my written inquiries include Alan Axelrod, Saul Richard Gamer, the late Grant Gilmore, the late Frederick Kessler, Aaron Nassau, Paul O. Ritter, Hon. J. Joseph Smith. Especially helpful were George Jaffin, who provided reams of first-hand information about the Institute of Law at Johns Hopkins University, and Samuel Howard, the real, unacknowledged author of the history of the Columbia Law School. Friends gave of their time in other ways. Two deserve to be mentioned first, Miss Janet, who told me to stop doing what I was doing and instead to do what was more fun, and Fred, who was always there with a citation, a red pencil and, most important, an idea and an ear.
But enough of this. The point of this book is the stories. However, before I turn to them, I should offer my readers a capsule summary of the story of Realism as it is usually told, lest those readers lose their way in my story. What follows as a prologue is such a summary. Page 15 Prologue As The Story Usually Is Told EVERYONE KNOWS some story that is the story of Realism. Of course, all of these the stories are not the same and they bear, I would argue, only a modest resemblance to what it was like to be a Realist in the 1920s and 1930s.
Thus, I have tried to give a sense of what it was to teach in the early years of this century in "the West," as it was called then, which was a matter of both doing and thinking and of how that doing and thinking changed as (at least) two young law professors moved progressively east and not coincidentally began to challenge the received wisdom of their elders. Similarly, I have tried to give a sense of what it was to do empirical research in law in the late 1920s and 1930s, a matter of doing and thinking in which the doing seemed to overwhelm the thinking and, thus, in which the actual results, the traditional "stuff" of intellectual history, were far less important than one might otherwise expect.