Law As Logic And Experience

Radin, Max. Law as Logic and Experience. New Haven: Yale University Press, 1940. ix, [1], 171 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-30670. ISBN 1-58477-008-2. Cloth. $55. * "Although this volume does not purport to be a serious contribution to legal science or to legal philosophy, it is full of the mellow wisdom, the gracious erudition, the provoking phrase, and the human sympathy that make almost anything that Max Radin says or writes worth pondering. It presents a series of lectures on two texts: the dictum of Coke, J. 'Reason is the life of the law,' and the dissenting opinion of Holmes, J., 'The life of the law has not been logic, it has been experience.'" Felix S. Cohen, Harvard Law Review 54:711. Marke, A Catalogue of the Law Collection of New York University (1953) 924.

The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.

'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."

Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.

The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place : a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPianaprovides an in-depth study of the intellectual history of the transformation.

This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.

This book explores relationships between law and legal reasoning, and recent developments in formal logic.