William Twining

Karl Llewellyn and the realist movement

Part I. The Rise of the Realist Movement, 1870-1931: Introduction: 1. Langdells Harvard 2. Corbins Yale, 1897-1918 3. Columbia in the 1920s 4. The aftermath of the split 5. The realist controversy, 1930-1 Part II. The Life and Work of Karl Llewellyn: A Case Study: 6. The man 7. Two early works 8. The Cheyenne Way 9. Law in our society 10. The Common Law Tradition 11. The genesis of the uniform commercial code 12. The jurisprudence of the uniform commercial code 13. Miscellaneous writings 14. The significance of Llewellyn: an assessment Part III. Conclusion: 15. The significance of realism.

Analysis of Evidence: Table of legislation and rules

1. Evidence and inference: some food for thought 2. Fact investigation and the nature of evidence 3. Principles of proof 4. Methods of analysis 5. The chart method 6. Outlines, chronologies and narrative 7. Analysing the decided case: anatomy of a cause celebre 8. Evaluating evidence 9. Probabilities, weight and probative force 10. Necessary but dangerous: generalizations and stories in argumentation about facts 11. The principles of proof and the law of evidence 12. The trial lawyers standpoint.

Analysis of Evidence: Frontmatter

1. Evidence and inference: some food for thought 2. Fact investigation and the nature of evidence 3. Principles of proof 4. Methods of analysis 5. The chart method 6. Outlines, chronologies and narrative 7. Analysing the decided case: anatomy of a cause celebre 8. Evaluating evidence 9. Probabilities, weight and probative force 10. Necessary but dangerous: generalizations and stories in argumentation about facts 11. The principles of proof and the law of evidence 12. The trial lawyers standpoint.

Diffusion of Law: A Global Perspective

Abstract A number of widespread, but not universal, assumptions underlying contemporary discourse about ‘reception’, ‘transplants’, or ‘transposition’ of law taken together constitute ‘a naïve model of diffusion of law’. These assumptions are that: (a) there was an identifiable exporter and importer; (b) the standard case of a reception is export-import between countries; (c) the typical process of reception involves a direct one-way transfer from country A to country B; (d) reception involves formal enactment or adoption; (e) the main objects of a reception are legal rules and concepts; (f) the main agents of export and import are governments; (g) xreception occurs at a particular moment of time; (h) xthe standard case is export by a civil law or common law ‘parent’ legal system to a less developed dependent (e.g. colonial) or adolescent (e.g. ‘transitional’) legal system; (i) the object of reception retains its identity without significant change after the date of reception; (j) the received law either fills a legal vacuum or replaces prior (typically outdated or traditional) law; (k) most instances of reception are technical rather than political, typically involving ‘lawyers’ law’; (l) each reception either ‘works’ or ‘fails’. This paper argues that, if one adopts a global perspective and a broad conception of law, each of the twelve elements in this model can be shown to be neither necessary nor even characteristic attributes of the processes of diffusion of law. This represents a first step towards renewing a conversation with the social science literatures on diffusion.

Blackstone's tower : the English law school

Law in Culture and Society. Law in the Universities: The Historical Context. What are Law Schools for? Law School Culture: A Visit to Rutland. The Law Library. Legal Scholorship and the Roles of the Jurist. The Quest for a Core. Appendix: English Law Teachers as Academics: A Preliminary Analysis.

Have concepts, will travel: analytical jurisprudence in a global context

Our increasingly cosmopolitan discipline needs to be underpinned by a revival of the idea of general jurisprudence, in which generalisations – conceptual, normative, empirical, legal – about legal phenomena are treated as problematic. This paper argues that, as part of this, analytical jurisprudence should broaden its focus not only geographically, but also in respect of the range of concepts, conceptual frameworks, and discourses that it considers. How far is any of our current stock of concepts adequate for talking meaningfully across legal traditions and cultures? Which concepts ‘travel’ relatively well or badly and why? Such questions are illustrated with reference to discourses about legal rights, the treatment of prisoners, and corruption.

Thinking About Law Schools: Rutland Reviewed

Thinking about law schools as institutions requires tools of analysis andthe questioning of some common assumptions. This paper applies some of the general ideas in the recent report on Legal Education in Xanaduto the Faculty of Law at the University of Rutland, with particular reference to institutional goals and functions, clientele, league tables, and who counts as a ‘law student’.

Essays on Kelsen

This book presents papers that deal with Hans Kelsens legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.

A symposium on global law, legal pluralism and legal indicators

In recent years, the idea of ‘global law’ has gained extraordinary relevance in legal theory as a means of casting off the political boundaries and formal constraints of state law in theorising the...

Legal fictions in theory and practice

Preface William Twining.- Introducing Fictions: Examples, Functions, Definitions and Evaluations Maksymilian Del Mar.- I. Theories of Fiction, Fictions of Theory.- 1. On the Theory of Juridic Fictions. With special consideration of Vaihingers Philosophy of the As-If Hans Kelsen, translated by Christoph Kletzer.- 2. Kelsen on Vaihinger Christoph Kletzer.- 3. Is Law a Fiction? Geoffrey Samuel.- 4. Fuller on Legal Fictions: A Benthamic Perspective Michael Quinn.- 5. The Pragmatic Value of Legal Fictions Douglas Lind.- II. Community, Language and Literature.- 6. Legal Fictions Revisited Frederick Schauer.- 7. Legal Fictions and the Limits of Legal Language Karen Petroski.- 8. Legal Fictions and Exclusionary Rules Simon Stern.- 9. Laws Fiction, Legal Fiction and Copyright Law Burkhard Schafer and Jane Cornwell.- III. Change and the Common Law.- 10. Legal Fictions before the Age of Reform Michael Lobban.- 11. Legal Fictions and Legal Change in the Common Law Tradition Maksymilian Del Mar.- 12. Fictions in Tort James Lee.- 13. Ejectment: Three Births and a Funeral Peter Sparkes.- IV. Fictions in Practice: Past, Present and Future.- 14. Fact, Fiction, and Social Reality in Roman Law Clifford Ando.- 15. Rabbinic Legal Fictions Leib Moscovitz.- 16. Presumptions and Fictions: A Collingwoodian Approach Raymundo Gama.- 17. Some Uses of Fictions in Criminal Law Peter Alldridge.- 18. Fictitious Fraud: Economics and the Presumption of Reliance Randy D. Gordon.- Index.