By Brian Z. Tamanaha
ISBN-10: 051125072X
ISBN-13: 9780511250729
ISBN-10: 0521869528
ISBN-13: 9780521869522
I am a criminal student drawn to this zone although my ordinary region is company and advertisement legislation. this is often a great publication. even though I assemble BT has sophisticated his perspectives a bit seeing that he wrote this, it really is i feel a truly helpful and clean technique to examine the process American jurisprudence, and according to different learn i've got performed, actual in addition. BT has a crisp and unpretentious writing type and his arguments are hassle-free. i haven't really comprehensive the publication, yet in accordance with first 2/3 i'm already very pleased I picked it up. he's admirably even-handed. At a number of issues you can inform he leans opposed to extra conservative perspectives akin to originalism and legislations & economics, yet he doesn't appear to allow this impression his judgments.
I believe you may criticize that the publication might have been extra bold theoretically, yet provided that quite a bit criminal scholarship nowadays is failed conception, i'm joyful it really is pitched because it is. The e-book weighs in at 230+ pages, yet will be longer than that during print you'll learn with out glasses. The Kindle version doesn't have an energetic TOC that's unfortunate.
The narrative features of the publication make it a very good learn. i believe the tale it tells is nearly tragic, however it is compelling. I want there have been a ebook like this to learn 25 years in the past while i used to be in legislation tuition. it's going to have made the theoretical litter i discovered so complicated then extra comprehensible, not less than within the feel i might have understood how issues bought to be the mess they have been. Very hugely advised.
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Additional resources for Law as a Means to an End: Threat to the Rule of Law (Law in Context)
Example text
139, 140 (1892). 23 These essays emphasize the principled nature of the common law, its consistency with reason, and that it is the immanent product of society. An illustrative account of the common law that combines all of these aspects can be found in the 1890 Annual Address to the American Bar Association delivered by James C. Carter, one of the most acclaimed lawyers of the day. His address is especially revealing because his specific target of criticism was the growing instrumental view that legislatures have the power to declare law at their will.
45 According to this account, the revival of non-instrumental views of law was calculated, but came about through a combination of different sets of motivations: a corporate bar serving the interests of corporate clients, and legal scholars and judges serving their own respective interests. There is something to the idea that a confluence of interests among the legal elite led to mutual support for the non-instrumental common law, a similar version of which is discussed at the end of the next chapter.
13 Surocco v. Geary, 3 Cal. 69 (1853). 14 Harry N. Scheiber, “Instrumentalism and Property Rights: A Reconsideration of American ‘Styles of Judicial Reasoning’ in the 19th Century,” 1975 Wisconsin L. Rev. 1,5,7 (1975). 15 See Bailyn, Ideological Origins of the American Revolution, Chaps. III, and V; Corwin, “The ‘Higher Law’ Background of American Constitutional Law,” 42 Harvard L. Rev. 149 (1928–29); T. Grey, “Do We Have an Unwritten Constitution,” 27 Stanford L. Rev. 703 (1975). 16 See Ross, Origins of American Social Science, supra Chaps.