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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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Everything Flows and Nothing Abides: The Realist Turn to Social Science

Everything Flows and Nothing Abides: The Realist Turn to Social Science

Chapter:
(p.75) Chapter Four Everything Flows and Nothing Abides: The Realist Turn to Social Science
Source:
Legal Realism Regained
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804756594.003.0004

This chapter discusses the realist adoption of social science, starting with the definition of legal realism by Karl Llewellyn. Llewellyn's description of the realist approach is then related to the work of other realists. The chapter also discusses functionalism and argues that it cannot be equated with reductionism or determinism. The use of social science as part of an instrumentalist conception of law is also discussed. Finally, the chapter discusses Uniform Commercial Code as an example of realist instrumentalism.

Keywords:   social science, legal realism, realism, Karl Llewellyn, realist, functionalism, reductionism, determinism, law, Uniform Commercial Code

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