Professions Books
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Professions Books sorted by
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Outer Space: Problems of Law and Policy
Published in Paperback by Westview Press (1998-09-17)
List price: $59.00
New price: $53.10
Used price: $35.28
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Average review score: 

Excellent review of space law but time for new edition.
Helpful Votes: 1 out of 1 total.
Review Date: 2006-02-27
Review Date: 2006-02-27
The Reynolds book is a text used at the University of North Dakota Space Students graduate program for Space Law. I have found the book a pleasure to read as one who seeks to gain knowledge in this ever-growing niche field of law. Reynolds and Merges address the topic in suffivent detail to educate the reader. The comlexities of space law is emerging in this decade. I suspect that Mr. Reynolds will be compelled to write a new edition before "the decade is out."
One Small Step for the Authors, a giant leap for Lawkind...
Helpful Votes: 4 out of 4 total.
Review Date: 2000-12-30
Review Date: 2000-12-30
A fabulous path-breaking guide to law beyond the atmosphere. Readable yet profound, it is the first of its kind and rare among textbooks. A must read for technology buffs!
A first-rate introduction to space law
Helpful Votes: 5 out of 5 total.
Review Date: 1998-08-24
Review Date: 1998-08-24
As a law student, I am very interested in space law and thought that I would have a hard time finding anything on the subject. I was wrong! This book provides an excellent summary of the whole field; it's also clearer and better-written, not to more interesting, than most legal casebooks. It also contains a lot of useful reference material that would be handy to have on a shelf in law practice. Great!

The Oxford Handbook of Criminology
Published in Paperback by Oxford University Press, USA (2007-05-31)
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Average review score: 

The bible of criminology
Helpful Votes: 0 out of 0 total.
Review Date: 2005-04-30
Review Date: 2005-04-30
This is one of the best books out there dealing with criminology. It is huge and has essays dealing with many subjects written by some of the most influential criminologists in England and abroad.
Outstanding
Helpful Votes: 2 out of 2 total.
Review Date: 2008-04-04
Review Date: 2008-04-04
This is the leading modern text in criminology, comprehensive and authoritative, written by 35 distinguished British contributors. The editors are Mike Maguire, Professor of Criminology at Cardiff University, Rod Morgan, Chairman of the Youth Justice Board of England and Wales and Professor Emeritus at Bristol University, and Robert Reiner, Professor of Criminology at the London School of Economics.
It has five parts: the history and theory of criminology, the social construction of crime and crime control, the dimensions of crime, the forms of crime, and reactions to crime. It covers research and policy developments and their relationship to race, gender, youth culture and political economy.
The evidence is that the serious violent crime rate is much higher in Thatcherite political economies than in welfarist ones. As Reiner writes, there is a plethora of material confirming that crime of all kinds is linked to inequality, relative deprivation, and unemployment. So, for example, the rise in crime in Britain in the 1980s was due to what happened in the 1980s: naturally Thatcher blamed it on what had happened 20 years before. And it was the 1980s, not the 1960s, that saw the dramatic rise in opiate use here.
The evidence shows that states with higher welfare spending have less crime and lower imprisonment rates. For every dollar spent, Michigans Head Start welfare programme brought $17 of benefit by cutting crime, thereby cutting the numbers imprisoned and thus the costs of imprisonment.
Of course, recognising that crime has root causes does not stop us exploring all possible avenues of crime reduction, victim support and penal reform. Nor does it mean ignoring offenders moral responsibility. Understanding does not cancel the need for judgment.
Thatcherite political economies also have more punitive penal policies. Yet welfarist Sweden has had a smaller rise in crime than Britain, while having a less punitive penal policy. Similarly, Finland has dramatically cut its prison numbers, without increasing crime.
Growing economic inequality and social polarisation increase crime and therefore insecurity and fear. We cannot afford to leave the economy, or society or security to the market. We need to take responsibility for all aspects of our society.
It has five parts: the history and theory of criminology, the social construction of crime and crime control, the dimensions of crime, the forms of crime, and reactions to crime. It covers research and policy developments and their relationship to race, gender, youth culture and political economy.
The evidence is that the serious violent crime rate is much higher in Thatcherite political economies than in welfarist ones. As Reiner writes, there is a plethora of material confirming that crime of all kinds is linked to inequality, relative deprivation, and unemployment. So, for example, the rise in crime in Britain in the 1980s was due to what happened in the 1980s: naturally Thatcher blamed it on what had happened 20 years before. And it was the 1980s, not the 1960s, that saw the dramatic rise in opiate use here.
The evidence shows that states with higher welfare spending have less crime and lower imprisonment rates. For every dollar spent, Michigans Head Start welfare programme brought $17 of benefit by cutting crime, thereby cutting the numbers imprisoned and thus the costs of imprisonment.
Of course, recognising that crime has root causes does not stop us exploring all possible avenues of crime reduction, victim support and penal reform. Nor does it mean ignoring offenders moral responsibility. Understanding does not cancel the need for judgment.
Thatcherite political economies also have more punitive penal policies. Yet welfarist Sweden has had a smaller rise in crime than Britain, while having a less punitive penal policy. Similarly, Finland has dramatically cut its prison numbers, without increasing crime.
Growing economic inequality and social polarisation increase crime and therefore insecurity and fear. We cannot afford to leave the economy, or society or security to the market. We need to take responsibility for all aspects of our society.
A must for anyone interested in or studying criminology
Helpful Votes: 9 out of 11 total.
Review Date: 2000-05-19
Review Date: 2000-05-19
A vast collection of essays on different criminological subjects that covers most things on a course of study. Will also act as a good book for reference and background reading. Although it appears pricey it does cover a lot of ground and is indeed very cost effective when compared to similar books that offer not much for a similar price. The only criticism is this - if you are wanting a feminist perspective this often comes off as lacking, although in saying this it does (by this ommission) reveal the holes in criminological research that feminists are seeking to correct. Well worth adding to your collection.

Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery
Published in Paperback by Fulcrum Publishing (2008-02)
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Average review score: 

A look at the government's relations with the native people of this country
Helpful Votes: 0 out of 0 total.
Review Date: 2008-06-09
Review Date: 2008-06-09
Is the United States policy on the Native American Indians far more based in religion than we believe? "Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery" is a look at the government's relations with the native people of this country and how the treatment of the natives, non-Christian indigenously, may be part of a sub-conscious Christian doctrine that the country has been following for centuries. Intriguing information from first page to last, "Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery" is deftly written and highly recommended to community library Native American studies collections.
Psychology of Dominion and the post-9/11 American Empire
Helpful Votes: 3 out of 3 total.
Review Date: 2008-03-07
Review Date: 2008-03-07
Newcomb delivers an analysis on U.S. federal Indian law that traces its racist history to Christian discovery and dominion. The entirety of the book is devoted to elucidating the idealized cognitive models (ICMs) present in U.S. Indian policy that originated in the expansion of Christendom and the entitlement of Europeans as chosen people and conquers on native lands.
The final chapter is definitely worth waiting for as Newcomb summarizes and projects into the present-day his well-researched and professional perspective on how and why American Indians have always faced such extremely racist treatment from the United States. For example, he writes
"Because other books have dealt quite capably with U. S. statues and legal decisions dealing with Indians, the aim of this work has been to use some of the findings of cognitive theory to account for the mentality of empire and domination that has resulted in the assumption that originally free and independent Indian nations and peoples are now subject to the plenary power and dominion of U. S. government. The same mentality has also resulted in Indian people losing before the Supreme Court more than 80 percent of the time, more often than convicted criminals seeking reversals of their convictions."
He goes on to relate the well-developed, Christian-based, American psychology of dominion over indigenous people in the United States to the post-9/11 American Empire. Pagans in the Promised Land is an essential perspective for Americans of European-decent to grasp as even citizens of an atheist background will realize the depth to which our cultural attitudes and prejudices (racism, sexism, classism, etc.) are rooted in the Christian doctrines of domination, entitlement, evangelism, and superiority.
The final chapter is definitely worth waiting for as Newcomb summarizes and projects into the present-day his well-researched and professional perspective on how and why American Indians have always faced such extremely racist treatment from the United States. For example, he writes
"Because other books have dealt quite capably with U. S. statues and legal decisions dealing with Indians, the aim of this work has been to use some of the findings of cognitive theory to account for the mentality of empire and domination that has resulted in the assumption that originally free and independent Indian nations and peoples are now subject to the plenary power and dominion of U. S. government. The same mentality has also resulted in Indian people losing before the Supreme Court more than 80 percent of the time, more often than convicted criminals seeking reversals of their convictions."
He goes on to relate the well-developed, Christian-based, American psychology of dominion over indigenous people in the United States to the post-9/11 American Empire. Pagans in the Promised Land is an essential perspective for Americans of European-decent to grasp as even citizens of an atheist background will realize the depth to which our cultural attitudes and prejudices (racism, sexism, classism, etc.) are rooted in the Christian doctrines of domination, entitlement, evangelism, and superiority.
Obstacles to World Peace Continue: U.S. Policies through an American Indian Scholar's Eyes
Helpful Votes: 3 out of 3 total.
Review Date: 2008-03-02
Review Date: 2008-03-02
Every educator or world peace advocate must read this book. Passionate and compelling arguments inspire readers to be more informed about overlooked and archaic policies in the U.S. Government. This contemporary work examines and explores doctrines that began with Indian Nations and are still being implemented in other areas of the modern world. Pagans in the Promised Land written by a Native American Scholar, Steven Newcomb, delivers some stimulating arguments based on over 20 years of research. This book is a must read for all universities prompting engaging classroom discussions.

Paralegal Success: Going from Good to Great in the New Century (Prentice Hall Paralegal Series)
Published in Paperback by Prentice Hall (1999-07-16)
List price: $58.60
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Average review score: 

Good Book for New and Experienced Paralegals
Helpful Votes: 18 out of 20 total.
Review Date: 1999-10-01
Review Date: 1999-10-01
Bogen's book is the type of book I searched for when I got started in the legal field 10+ years ago. I have worked for the County District Attorney and civil law firms (small, medium and large) so my focus is litigation. However, Bogen's book focuses on the paralegal and not the practice area so it is relevant for everyone. I found reinforcement for ideas I had already developed, plus I picked up some new tips or outlooks on areas that are common in the legal field. This is a book that will help both new and experienced paralegals.
Informative and Enjoyable
Helpful Votes: 6 out of 6 total.
Review Date: 2002-11-18
Review Date: 2002-11-18
As a paralegal student just entering the legal field, I found this book to be invaluable. Being relatively new to the legal field I had little idea what to expect at a law office or how to deal with any unforeseen problems I might encounter. This book answered my questions as well as gave me new insight. A must-have for anyone working in the legal field!
Knowing What You're Worth
Helpful Votes: 7 out of 7 total.
Review Date: 2001-04-02
Review Date: 2001-04-02
Even with several years of paralegal experience under my belt, I found Bogen's book both insightful and inspiring. If all you want out of life is a mediocre job and you have no aspirations of being the best, you probably won't enjoy it. Bogen's book inspires you to stand out in the crowd rather than just blending in unnoticed. Reader beware! With knowledge comes accountability. Once you realize you have greater potential, you won't want to turn back. Many of Bogen's ideas were practical and relatively easy to implement, others required more thought and energy. Whoever you are, you can always be better. Bogen's book helps take you further along the road of success.

Paralegal's Litigation Handbook :
Published in Hardcover by Delmar Thomson Learning (1993)
List price: $94.95
Used price: $75.00
Average review score: 

Awesome tool for beginner paralegals and oldies
Helpful Votes: 0 out of 0 total.
Review Date: 2007-08-06
Review Date: 2007-08-06
I have heard a LOT of new comer questions in the last couple of weeks
and wanted to be sure and tell everyone of an awesome book I used when I
was first starting out, in fact I still use it to this day. It is called
the Paralegal's Litigation Handbook and it is written by Carol Bruno. I promise you, every item you can think of
about litigation is in that book, she has definitions, form templates,
ideas for making work production faster, step by step instructions on
what to do next and where to go for resources and answers, etcc. I could
probably write a book describing this book, but suffice it to say, it
has saved my behind more than I care to count. It sits on my desk like a
dictionary and I have been a paralegal for 9 years. I honestly don't know how my career would have turned out without this book, because I had this book I felt like I could tackle the world because every answer I needed was at my fingertips.
I really hope Carole writes a new edition for the up and comers in this industry, but if she doesn't I will keep referring everyone to this edition.
PS the books are reasonably priced also.
and wanted to be sure and tell everyone of an awesome book I used when I
was first starting out, in fact I still use it to this day. It is called
the Paralegal's Litigation Handbook and it is written by Carol Bruno. I promise you, every item you can think of
about litigation is in that book, she has definitions, form templates,
ideas for making work production faster, step by step instructions on
what to do next and where to go for resources and answers, etcc. I could
probably write a book describing this book, but suffice it to say, it
has saved my behind more than I care to count. It sits on my desk like a
dictionary and I have been a paralegal for 9 years. I honestly don't know how my career would have turned out without this book, because I had this book I felt like I could tackle the world because every answer I needed was at my fingertips.
I really hope Carole writes a new edition for the up and comers in this industry, but if she doesn't I will keep referring everyone to this edition.
PS the books are reasonably priced also.
Valuable Resource
Helpful Votes: 2 out of 2 total.
Review Date: 1999-02-28
Review Date: 1999-02-28
Refer to this....regularly...
Useful for me personally and helps me get my job done....
Have even recommended this to non paralegals as a useful compilation....
Excellent reading for the litigation paralegal
Helpful Votes: 4 out of 4 total.
Review Date: 1998-09-16
Review Date: 1998-09-16
Ms. Bruno has been my mentor since becoming a paralegal in 1980. Her first book "Paralegal's Litigation Handbook" has been my "bible" throughout my paralegal career. I have used it in my teaching of other paralegals.

A Parent's Guide to Wills & Trusts: For Grandparents, Too (2nd edition)
Published in Paperback by Adams-Hall Publishing (2007-11-15)
List price: $19.95
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Average review score: 

Outstanding...a review by an estate planning attorney
Helpful Votes: 0 out of 0 total.
Review Date: 2008-04-18
Review Date: 2008-04-18
I'm an estate planning attorney practicing in California. I'm always on the lookout for publications that I feel will be good reference resources for my clients who want to do a bit of additional homework on their own. I highly recommend this book.
It covers a wide range of issues that should be addressed during the planning process. But the book's breadth does not come at the expense of substance: the author provides reasonably detailed, accurate information and solid advice in a highly readable way.
This book is not a substitute for working with a professional to prepare your estate plan. However, it can help you get the most out of your relationship with your attorney and other advisors.
It covers a wide range of issues that should be addressed during the planning process. But the book's breadth does not come at the expense of substance: the author provides reasonably detailed, accurate information and solid advice in a highly readable way.
This book is not a substitute for working with a professional to prepare your estate plan. However, it can help you get the most out of your relationship with your attorney and other advisors.
Concise and Thorough
Helpful Votes: 0 out of 0 total.
Review Date: 2008-01-30
Review Date: 2008-01-30
This is a good book to carry around with you and read while you're waiting to pick your children up from practice. It's organized well, in small bites, with a short question followed by an in-depth answer ( that rarely goes beyond two pages). He covers everything from Wills and Trusts to how to protect your grandkids' inheritances if their parents get divorced. It's a good book and well worth the investment. It''ll help you ask your lawyer the right questions.
Building Wealth Is One Thing, Passing It On Is Quite Another!
Helpful Votes: 0 out of 0 total.
Review Date: 2008-01-18
Review Date: 2008-01-18
I recently read the new edition of "A Parent's Guide to Wills & Trusts" by Don Silver, an estate-planning attorney. What I found most appealing about the book is the way he discusses the most delicate issues in a question-and-answer format that anyone can understand. Even if you already have a will, living trusts, power of attorney, living will, health care power of attorney and other estate planning documents in place, these should be updated regularly. The information provided in this book could help you better understand the issues and be able to communicate with your advisers in a more informed manner. I strongly recommend it!

Pass It on : A Practical Approach to the Fears and Facts of Planning Your Estate
Published in Hardcover by Hyperion (2000-03-22)
List price: $22.45
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Average review score: 

buy it now; you'll save (lots) later !
Helpful Votes: 1 out of 2 total.
Review Date: 2000-05-21
Review Date: 2000-05-21
can't believe a lawyer can write so lucidly and make the estate tax rules so clear. nancy randolf greenway has taken a complex subject and made it understandable....with humor, too. i recommend this book to everyone over the age of forty....a must read before wasting time on an estate-planning professional's billing clock.
BRILLANT
Helpful Votes: 1 out of 2 total.
Review Date: 2000-04-19
Review Date: 2000-04-19
A delightful, readable, and informative book.
Pass it On
Helpful Votes: 7 out of 7 total.
Review Date: 2000-08-04
Review Date: 2000-08-04
I have been an investment professional for 27 years. One of the most common concerns I encounter is the concern that investors have of retaining the corpus of their estate for their children. Yet, estate planning is a complicated field populated by attorneys CPA's and others with specialized knowledge. The "average man" feels overwhelmed. Now, I have found a source to which I can refer them. Greenway and Shotwell have done an excellent job of explaining the basics of estate planning and have done it with such humor that the book becomes engaging reading rather than a dry estate planning tome. Kudos to the authors!
Patent Prosecution: Practice & Procedure Before the U.S. Patent Office
Published in Hardcover by BNA Books (1996-12)
List price: $225.00
Used price: $39.95
Average review score: 

an exellent book
Helpful Votes: 0 out of 1 total.
Review Date: 2004-01-13
Review Date: 2004-01-13
clear and well written. cover all areas of the law and is very practical. the case digest volume is also very useful.
Excellent summary of the law
Helpful Votes: 4 out of 8 total.
Review Date: 2000-04-17
Review Date: 2000-04-17
This text is well-written and authoritative. It is a concise and accurate summary of the law.
The Patent Attorney's Bible
Helpful Votes: 6 out of 8 total.
Review Date: 1998-07-14
Review Date: 1998-07-14
If your practicing patent law and you don't have this book, then you're not doing your job. This is an absolutely invaluable reference that must be consulted before answering any Office Action.
Pathology for the Health-Related Professions
Published in Paperback by W.B. Saunders Company (1996-01)
List price: $52.00
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Collectible price: $95.00
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Average review score: 

Pathology explained for dummies
Helpful Votes: 3 out of 3 total.
Review Date: 2001-12-17
Review Date: 2001-12-17
I am a biologist, and found this book very intelligible and easy.
Great Overall Text
Helpful Votes: 3 out of 4 total.
Review Date: 2000-05-17
Review Date: 2000-05-17
This text provided the subject of Pathology in a clear and concise way without over simpifying the subject. The color photos provided a more hands-on feel, and stressed the important points. The questions at the end of the chapter were a good review of the key points.
Great Overall Text
Helpful Votes: 7 out of 7 total.
Review Date: 2000-05-17
Review Date: 2000-05-17
This text is a clear, concise guide to Pathology for those in the Health Related Fields. As a Pharmacy student, I felt that it provided me with just the right amount of depth without over-simplifying the subjects. It provided clear color photos to emphasize the important points.

Patterns of American Jurisprudence
Published in Paperback by Oxford University Press, USA (1997-03-27)
List price: $60.00
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Average review score: 

An Extremely Thorough Examination of American Jurisprudence
Helpful Votes: 2 out of 2 total.
Review Date: 2006-02-24
Review Date: 2006-02-24
This book attracted a great deal of attention (both pro and con) when first published in 1995; it remains a stimulating introduction to the topic. The research for this volume is extraordinary--Duxbury apparently read everything in print before sitting down to write. The book is comprised of an introduction ("Jurisprudence as Intellectual History") and 6 rather long chapters. Duxbury proceeds from the "challenge to formalism" in the 1870's to legal realism, then on to Lasswell & McDougal's "policy science," followed by a highly interesting discussion on the legal process school, succeeded by a very long detailed examination of "economics in law," and finishing with an extended discussion of the critical legal studies movement.
Several things can be said as to Duxbury's approach. His research is so extensive that the reader is buried in footnotes and other references. Some may feel that this detracts from developing central themes, of which there are actually not too many. You can certainly disagree with some of his central tenets, as I do, yet benefit enormously from his analysis. For example, Duxbury is highly critical of legal realism (and he clearly is not enamored of Karl Llewellyn), yet his chapter on that topic is extremely valuable. One can feel that some of the space could have been better devoted to other topics, especially when one is faced with a 121 page chapter on law and economics (a topic that apparently fascinates the author) and 90 pages on the crits. This is especially so since many familiar names in particularly late twentieth-century jurisprudence are missing from his discussion. Some elements really stand out: his discussion of Lon Fuller; the account of the legal process school, including in addition to the familiar suspects such as Hart and Sacks also Bickel; and an enlightening probing of the elusive "policy science" approach which at times seems maddingly imprecise and beyond explication as anything but three cheers for the red, white and blue.
As much a resource guide as a treatise, the book is essential to studying the topic--whether one agrees with Duxbury or not. However, the benefits come after prolonged periods of "working through" the notes and grappling with a flood of concepts and individuals. The investment of time and energy is substantial, but the payoff strikes me as more than worth the cost.
Several things can be said as to Duxbury's approach. His research is so extensive that the reader is buried in footnotes and other references. Some may feel that this detracts from developing central themes, of which there are actually not too many. You can certainly disagree with some of his central tenets, as I do, yet benefit enormously from his analysis. For example, Duxbury is highly critical of legal realism (and he clearly is not enamored of Karl Llewellyn), yet his chapter on that topic is extremely valuable. One can feel that some of the space could have been better devoted to other topics, especially when one is faced with a 121 page chapter on law and economics (a topic that apparently fascinates the author) and 90 pages on the crits. This is especially so since many familiar names in particularly late twentieth-century jurisprudence are missing from his discussion. Some elements really stand out: his discussion of Lon Fuller; the account of the legal process school, including in addition to the familiar suspects such as Hart and Sacks also Bickel; and an enlightening probing of the elusive "policy science" approach which at times seems maddingly imprecise and beyond explication as anything but three cheers for the red, white and blue.
As much a resource guide as a treatise, the book is essential to studying the topic--whether one agrees with Duxbury or not. However, the benefits come after prolonged periods of "working through" the notes and grappling with a flood of concepts and individuals. The investment of time and energy is substantial, but the payoff strikes me as more than worth the cost.
The power of law!
Helpful Votes: 3 out of 6 total.
Review Date: 2004-06-29
Review Date: 2004-06-29
Historians, lawyers and cultural commentators--that includes you, politico types!--have tended to stray away from how law is both pathological and aetiological in America--a cause and consequence of American society. This excellent book sits alongside White, Horwitz and Louis Menand's intellectual histories and is, (madly for jurisprudential texts) a fantastically interesting read too. I can't recommend this book highly enough!It is heavy going, but if you like intellectual histories of a high order, you'll want that workout!!
An invaluable addition to the study of American jurisprudence
Helpful Votes: 4 out of 4 total.
Review Date: 2006-12-25
Review Date: 2006-12-25
Neil Duxbury wrote this monumental history of modern American jurisprudence a bit over ten years ago, but it is still well worth the read. In fact, it is probably still essential reading for American law students and readers interested in understanding the contours of twentieth century American legal thought. Duxbury's central thesis is that traditional renditions of the history of American jurisprudence -- what he terms "the pendulum swing" theory of legal thought -- is outdated and in need of revision. The pendulum swing theory holds that the trajectory of American legal thought can be divided into distinct periods, characterized by formalistic and anti-formalistic premises. One era marks formalism, but then a subsequent period indicates the hegemony of anti-formalisic modes of analysis in response to the previous predominance of formalism. Then the cycle starts again. Pendulum swing accounts hold that formalistic thought dominated in the late 1800s and then again during the Cold War, while anti-formalism reigned supreme with the legal realism movement of the early twentieth century and the rise of critical legal studies in the 1970s and 1980s. Intellectual schools of thought such as realism and critical legal studies arose, according to pendulum swing accounts, as a direct result of the perceived inadequacy of formalistic modes.
Duxbury set up this pendulum swing theory partly as a straw man that he could easily knock down. In reality, beginning roughly fifteen years before his book, leading jurisprudential scholars had already questioned the efficacy of using swings between formalism and anti-formalism as a way of really understanding American legal thought. Indeed, some scholars questioned as early as the late 1970s the utility of viewing formalism as descriptive of constitutional jurisprudence during the famous (or infamous) Lochner era. Duxbury, nonetheless, brilliantly synthesized this information into a comprehensive (indeed, Duxbury is breathtaking in the amount of secondary scholarship he includes in this book) account that took into view the whole of American legal thought in the twentieth century.
Throughout, Duxbury shows that "patterns" rather than "pendulum swings" have characterized American legal thought. Contemporary anti-formalist and formalist approaches to legal thought and decision-making thus both exist today and influence one another constantly -- indeed they have since the Reconstruction Era. Duxbury found the roots of realism, for example, not in one specific event or turning point but in a constantly fermenting critique of formalist principles and methods begun tentatively with the work and writings of Oliver Wendell Holmes. (though Duxbury emphasizes that Holmes was a formalist in important respects, thus indicating that from the beginning, formalist and anti-formalist impulses have existed side-by-side). Today, critical legal studies and like approaches maintain that anti-formalist "mood" or "temperment." Likewise, formalism was never fully defeated by the realists or anyone else. It still exists in American legal life, via the case method approach still used in law schools, and in the predominance of jurists who proclaim to still be guided by it in their approach to adjudicating cases.
If I had to guess I'd assume Duxbury was more sympathetic to what we could loosely define today as the more "conservative," formalistic approaches to jurisprudence ... especially process jurisprudence, which predominated American legal thought and constitutional adjudication in the 1950s and early 1960s, and the law and economics movement of the 1970s and 1980s. He seems to have far less empathy for the left-leaning critical legal studies movement. As suggested above, however, in all cases Duxbury noted continuties and the deep historical roots of all these phenomena. Thus, for example, process jurisprudence represented a jurisprudential continuity with the concern over process, principles and rationality first articulated by the formalists of Harvard Law School sixty years earliers. Likewise, critical legal scholars traced their lineage back to the realists.
Moreover, Duxbury noted the consensual values held by the various strands of formalists and anti-formalists. Most elements of both jurisprudential schools, for example, favored scientific approaches to legal issues, they just differed in the specific scientific methodologies to be used (formalists = the deductive tendencies of natural science; anti-formalists = the inductive methods of = social scientific empricism). Also, all schools of thought, with the possible exception of the critical legal studies movement, were interested in attaining the best approaches to the objectivity or the rule of law ... even if some realists appeared not to be concerned with this at first glance.
This is just a thumbnail sketch of a very complex and rewarding work. I recommend it for multiple, careful readings for all Amazon customers interested in understanding the major arguments and themse pervading American legal, jurisprudential thought.
Duxbury set up this pendulum swing theory partly as a straw man that he could easily knock down. In reality, beginning roughly fifteen years before his book, leading jurisprudential scholars had already questioned the efficacy of using swings between formalism and anti-formalism as a way of really understanding American legal thought. Indeed, some scholars questioned as early as the late 1970s the utility of viewing formalism as descriptive of constitutional jurisprudence during the famous (or infamous) Lochner era. Duxbury, nonetheless, brilliantly synthesized this information into a comprehensive (indeed, Duxbury is breathtaking in the amount of secondary scholarship he includes in this book) account that took into view the whole of American legal thought in the twentieth century.
Throughout, Duxbury shows that "patterns" rather than "pendulum swings" have characterized American legal thought. Contemporary anti-formalist and formalist approaches to legal thought and decision-making thus both exist today and influence one another constantly -- indeed they have since the Reconstruction Era. Duxbury found the roots of realism, for example, not in one specific event or turning point but in a constantly fermenting critique of formalist principles and methods begun tentatively with the work and writings of Oliver Wendell Holmes. (though Duxbury emphasizes that Holmes was a formalist in important respects, thus indicating that from the beginning, formalist and anti-formalist impulses have existed side-by-side). Today, critical legal studies and like approaches maintain that anti-formalist "mood" or "temperment." Likewise, formalism was never fully defeated by the realists or anyone else. It still exists in American legal life, via the case method approach still used in law schools, and in the predominance of jurists who proclaim to still be guided by it in their approach to adjudicating cases.
If I had to guess I'd assume Duxbury was more sympathetic to what we could loosely define today as the more "conservative," formalistic approaches to jurisprudence ... especially process jurisprudence, which predominated American legal thought and constitutional adjudication in the 1950s and early 1960s, and the law and economics movement of the 1970s and 1980s. He seems to have far less empathy for the left-leaning critical legal studies movement. As suggested above, however, in all cases Duxbury noted continuties and the deep historical roots of all these phenomena. Thus, for example, process jurisprudence represented a jurisprudential continuity with the concern over process, principles and rationality first articulated by the formalists of Harvard Law School sixty years earliers. Likewise, critical legal scholars traced their lineage back to the realists.
Moreover, Duxbury noted the consensual values held by the various strands of formalists and anti-formalists. Most elements of both jurisprudential schools, for example, favored scientific approaches to legal issues, they just differed in the specific scientific methodologies to be used (formalists = the deductive tendencies of natural science; anti-formalists = the inductive methods of = social scientific empricism). Also, all schools of thought, with the possible exception of the critical legal studies movement, were interested in attaining the best approaches to the objectivity or the rule of law ... even if some realists appeared not to be concerned with this at first glance.
This is just a thumbnail sketch of a very complex and rewarding work. I recommend it for multiple, careful readings for all Amazon customers interested in understanding the major arguments and themse pervading American legal, jurisprudential thought.
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