Dissertation > Political, legal > Legal > Theory of law (Law)

The Research on Karl Llewellyn’s Law-jobs Theory

Author LiuJian
Tutor XuWeiDong
School Jilin University
Course Legal Theory
Keywords Law-jobs theory Karl Llewellyn American legal realism
Type PhD thesis
Year 2006
Downloads 252
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American jurist Karl Llewellyn is a man who has made some important academic contributions. His academic arguments influence American legislation and judicatory practice and have an effect on the later academic development. However, His arguments have not been studied roundly. This dissertation goes deep into Llewellyn’s arguments and organizes them over again. The organization is not only on the base of Llewellyn’s books and papers, but also on the base of other scholars’writings. Furthermore, it is put in the background of the American legal realism movement.In Chapter I, I summarize Llewellyn’s some critical opinions put forward during the American legal realism movement, which are aimed at Langdell’s formalistic jurisprudence. I consider that these critical opinions carve out a way for the further academic construction and prepare for it. When he is the dean of Harvard Law School, Langdell put a series of reformations into practice. The case-method is the most important of them. Underlying these reformations are the Langdell’s propositions: that law is a science which is a system made up of few principles or doctrines and mastery of these principles or doctrines is the students’prime task; that the study of these principles or doctrines drawn out of cases is the most straightforward and effective way, when you study the law; that all the materials ought to be achieved can be found in the book.The influence of those teachers in Yale Law School and the experience of banking practice provide Llewellyn the supports, when he criticizes the

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