Legal realism and the race question: some realism about realism on race relations

Article Abstract:

The intellectual history of legal realism has been affected by the racial stratification that was predominant in American society during the 1920s and 1930s, when legal realism arose as an important intellectual movement. Few of the canonical legal realists dealt with race relations, and the contributions of those that did have been overlooked. For example, Charles Hamilton Houston deserves wider recognition for his work on social engineering as a realist strategy to eliminate segregation. Other legal realists who discussed racial issues include Karl Llewellyn, Felix Cohen and Robert Hale.

Social aspects, Race relations, Realism, Realism (Cultural movement)

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The new legal process, the synthesis of discourse, and the microanalysis of institutions

Article Abstract:

The common ground that exists between the apparently divergent approaches of outsider legal theory and law and economics may provide the opportunity for integration of discourse that has not been present since the legal process school was dismantled by these two forms of scholarship. Both the law and economics approach and the post-critical legal studies approach possess a concern for institutions and an awareness of the need to integrate an understanding of social sciences into jurisprudence. The convergence of economics and social theory suggests that such integration may be possible.

Law and economics, Law and economics (Jurisprudence), Sociological jurisprudence, Critical race theory (Law)

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Law and phrenology

Article Abstract:

The rise and fall of phrenology in the 19th century offers insights into the strengths and limitations of characterizing the law as a science. Experts in phrenology developed a complex system of divining human behavioral traits from cranial features. In doing so, they constructed a self-referential system designed to reject inconsistent data. 19th century legal scholar Christopher Columbus Langdell tried to cast law as a science as well, and some of his beliefs have endured. Law is also very much about self-reference and self-legitimization.

History, Science, Phrenology, Science and law

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