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Author Tamanaha, Brian Z

Title Beyond the formalist-realist divide : the role of politics in judging / Brian Z. Tamanaha

Publ Info Princeton, N.J. : Princeton University Press, [2010]
 RWU Main Library  KF8775 .T36 2010    AVAILABLE
 Wheaton Stacks  KF8775 .T36 2010    AVAILABLE
Descript x, 252 pages ; 24 cm
text rdacontent
unmediated rdamedia
volume rdacarrier
Note Includes bibliographical references and index
Contents The myth about beliefs in the common law -- The myth about "mechanical jurisprudence" -- The holes in the story about legal formalism -- Realism before the legal realists -- A reconstruction of legal realism -- The slant in the "judicial politics" field -- What quantitative studies of judging have found -- The emptiness of "formalism" in legal theory -- Beyond the formalist-realist divide
Note "Drawing from extensive research into the writings of judges and scholar, Brian Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism."--[book cover]
LC subject Judges -- United States
Judicial process -- United States
Law -- Political aspects -- United States
Law -- United States -- Philosophy
ISBN 9780691142791 (hardcover : alk. paper)
0691142793 (hardcover : alk. paper)
9780691142807 (pbk. : alk. paper)
0691142807 (pbk. : alk. paper)