front cover of Roscoe Pound and Karl Llewellyn
Roscoe Pound and Karl Llewellyn
Searching for an American Jurisprudence
N. E. H. Hull
University of Chicago Press, 1997
American legal history is traditionally viewed as a series of schools of thought or landmark court decisions, not as the work of individuals. Here, N. E. H. Hull tells the pivotal story of American jurisprudence through two of its most influential shapers: Karl Llewellyn, father of legal realism, poet, and mercurial romantic, and Roscoe Pound, iron-willed leader of sociological jurisprudence. These theorists adapted the legal profession to the changing needs of twentieth-century America.

Through meticulous archival research, Hull shows how the intellectual battles of the day took place against a network of private and public relationships and demonstrates how Pound's and Llewellyn's ideas of jurisprudence sprang from a kind of intellectual bricolage, the pragmatic assemblage of parts rather than the development of a unified whole, that is peculiarly American. Humorous, engaging, and provocative, Roscoe Pound and Karl Llewellyn uncovers the roots of American jurisprudence in the lives of two of its most compelling figures.
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front cover of The Theory of Rules
The Theory of Rules
Karl N. Llewellyn
University of Chicago Press, 2011

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 Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules.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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