The Theory of Rules.

By: Llewellyn, Karl NContributor(s): Schauer, Frederick | Schauer, FrederickMaterial type: TextTextPublisher: Chicago : University of Chicago Press, 2011Copyright date: ©2011Description: 1 online resource (165 pages)Content type: text Media type: computer Carrier type: online resourceISBN: 9780226487977Subject(s): Decision making -- Philosophy | Law -- Decision making -- Philosophy | Law -- MethodologyGenre/Form: Electronic books.Additional physical formats: Print version:: The Theory of RulesDDC classification: 340/.11 LOC classification: K230Online resources: Click to View
Contents:
Intro -- Contents -- Editor's Introduction -- Editor's Acknowledgments -- Editorial Notes -- The Theory of Rules -- Preface- History and Acknowledgments -- Chapter I. The Frame of the Discussion -- Chapter II. Rules of Law: Command and Prediction -- Chapter III. Rules of Law: The Propositional Form -- Chapter IV. Rule of Thumb and Principle -- Chapter V. Rule of Conduct, and the Legal Order -- Chapter VI. Our Situational Concepts -- Chapter VII. The Advocate's Leeway -- Chapter VIII. Stabilities within the Leeways -- The Remaining Chapters -- Index.
Summary: Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn's thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are "pretty playthings." Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn's thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law's larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn's writings and will prove a valuable contribution to the existing literature on legal realism.
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Intro -- Contents -- Editor's Introduction -- Editor's Acknowledgments -- Editorial Notes -- The Theory of Rules -- Preface- History and Acknowledgments -- Chapter I. The Frame of the Discussion -- Chapter II. Rules of Law: Command and Prediction -- Chapter III. Rules of Law: The Propositional Form -- Chapter IV. Rule of Thumb and Principle -- Chapter V. Rule of Conduct, and the Legal Order -- Chapter VI. Our Situational Concepts -- Chapter VII. The Advocate's Leeway -- Chapter VIII. Stabilities within the Leeways -- The Remaining Chapters -- Index.

Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn's thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are "pretty playthings." Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn's thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law's larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn's writings and will prove a valuable contribution to the existing literature on legal realism.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2018. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.

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