Ideas, Law & Market Order
The Birth & Proliferation of American Legal Realism
Judges don't just find the law, they make it: the story of the idea that transformed American legal thought.
17:00 · Hybrid
What you will learn
You will exit this workshop with a working knowledge of the roots of American legal realism, assessing how it developed from a ridiculed challenge to legal orthodoxy into the dominant strain of legal thought within the United States, and explaining why this philosophy remains controversial in continental legal circles.
Why it matters now
Despite the oft-quoted aphorism – "We are all realists now" – legal realism has lost its critical edge. The perception within the US of jurisprudence supplanting legislation has harmed the credibility of American courts within lay opinion. Studying the mechanics, rather than the rhetoric, of judicial decisions serves to reveal the alchemy that occurs behind the bench.
Syllabus & schedule
General information
All seminars start at 16:00 CET (15:00 GMT) and are hybrid: participants can join in person or online. Each syllabus comes in three reading options: short (40–60 pp.), intermediate (70–80 pp.) and long (110–120 pp.). The syllabus and the weekly reading schedule can be found here.
Seminar schedule
Wednesday, Feb. 3 (16:00 CET):
The Origins of American Legal RealismWednesday, Feb. 10 (16:00 CET):
Realism's Heirs: Critical Legal Studies and Law and EconomicsWednesday, Feb. 17 (16:00 CET):
The Legacy of Realism and the Future of Critique
Organizers
Jack Horrigan
Organizer
University of St Andrews
Guests
Brian Tamanaha
John S. Lehmann University Professor
Washington University in St. Louis Law School
Karl Klare
Matthews Distinguished University Professor and Professor of Law Emeritus
Northeastern University School of Law
Mark Tushnet
William Nelson Cromwell Professor of Law, Emeritus
Harvard Law School
Part of the series
Ideas, Law & Market Order
See all workshops in the series →