Law & Humanities Blog |
Posted: 31 Mar 2014 02:24 PM PDT Edmund Ursin, University of San Diego School of Law, has published Holmes, Cardozo, and the Legal Realists: Early Incarnations of Legal Pragmatism and Enterprise Liability in volume 50 of the San Diego Law Review (Summer 2013). Here is the abstract. Enterprise liability is a term associated with the tort lawmaking of the liberal "Traynor era" California Supreme Court of the 1960s and 1970s. Legal pragmatism, in turn, is associated with the conservative jurist Richard Posner. This manuscript examines the evolution of each of these theoretical movements from Holmes's great 1897 essay, "The Path of the Law," to the present day. Its focus is on the great judges and scholars whose views have shaped our own: Holmes, Cardozo, the Legal Realists Leon Green and Karl Llewellyn, Traynor, and Posner. Download the article from SSRN at the link. |
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