Reconstructing Realism

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.

An empirically based critique of realism

This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

This book seeks to offer a general interpretation and critique of both methodlogical and substantive aspects of International theory.

"The figure of Richard Rorty stands in complex relation to the tradition of American pragmatism. On the one hand, his intellectual creativity, lively prose, and bridge-building fueled the contemporary resurgence of pragmatism. On the other, his polemical claims and selective interpretations function as a negative, fixed pole against which thinkers of all stripes define themselves. Virtually all pragmatists on the contemporary scene, whether classical or "new," Deweyan, Jamesian, or Peircean, use Rorty as a foil to justify their positions. The resulting internecine quarrels and divisions threaten to thwart and fragment the tradition's creative potential. More caricatured than understood, the specter of Rorty is blocking the road of inquiry and future development of pragmatism. Reconstructing Pragmatism moves beyond the Rortyan impasse by providing what has been missing for decades: a constructive, non-polemical account of Rorty's relation to classical pragmatism. The first book-length treatment of Rorty's intellectual debt to the early pragmatists, it establishes his selective appropriations not as misunderstandings or distortions but as a sustained, intentional effort to reconstruct their thinking. Featuring chapters devoted to five key pragmatist thinkers - Peirce, James, Dewey, Royce, and Addams - the book draws on archival sources and the full scope of Rorty's writings to challenge prevailing misconceptions and caricatures. By illuminating the critical resources, still largely untapped, that Rorty offers for articulating classical pragmatism's ongoing relevance, the book reveals limitations in the received images of the classical pragmatists that predominate in current debates and opens up new modes of understanding pragmatism and why it matters today"--

Published in 1999. These essays are not deconstructive in the postmodern sense. None of the authors have that depth of scepticism about knowledge claims, but they are all concerned that the terms of reference of Cold War enquiry have been inappropriately bounded. The chapters by Murray and Reynolds specifically address the broad theoretical issues involved with paradigms and explanation. The chapters by Dobson, Marsh, Malik, Evans and Dix stretch out Cold War paradigms with successive case studies of Anglo-American relations; the USA, Britain, Iran and the oil majors; the Gulf States and the Cold War; South Africa and the Cold War; and Indian neutralism. All five authors challenge the efficacy of neo-realist analysis and explanation and critique the way that assumptions derived from that position have been used in historical explanation. The chapters by Ryall, Rogers and Bideleux deal with Roman Catholicism in East Central Europe, with nuclear matters and with the Soviet perspective. Each work goes beyond the limits of Cold War paradigms. Finally, Ponting places the Cold War in the broad context of world history. These essays provide thought-provoking scholarship which helps us both to nuance our understanding of the Cold War and to realise that it should not be taken as an all-embracing paradigm for the explanation of postwar international relations.

This book has been written especially for those ladies who find themselves as a single participant amongst the meandering pathways of this world after their steady romantic relationship has failed.In the pages you will discover useful tips, personal experiences and surprising anecdotes all aimed at enthusing the reader to motivate herself towards building a firm foundation and an optimistic approach to life ever after

Preliminary Material -- INTRODUCTION -- THE ISSUE -- INSIGHT AND SELF-KNOWLEDGE -- RECONSTRUCTION AND ABSORPTION -- EPISTEMOLOGICAL ISSUES -- METAPHYSICAL ISSUES -- ETHICAL CONSIDERATIONS -- CONCLUSION -- WORKS CITED -- ABOUT THE AUTHOR -- INDEX -- VIBS.