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Legal Realism RegainedSaving Realism from Critical Acclaim$
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Wouter de Been

Print publication date: 2008

Print ISBN-13: 9780804756594

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804756594.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 29 June 2022

A Tale of Two Movements

A Tale of Two Movements

(p.1) Chapter One A Tale of Two Movements
Legal Realism Regained
Stanford University Press

This book is a study of two twentieth-century schools of American legal theory and their relationship—legal realism and critical legal studies (CLS). This chapter provides a brief history of the legal realist movement, its emergence as a distinct movement in the 1920s and 1930s and how it formed the inspiration for the critical legal studies movement from the 1970s onward. It presents the central premise of the study: legal realism and CLS are not continuous bodies of thought. Finally, the chapter identifies three issues that help clarify this central premise of the study: historicism, social science and linguistic theory.

Keywords:   legal realism, critical legal studies, American legal theory, legal realist, historicism, social science, linguistic theory

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