1.

Record Nr.

UNINA9910826065003321

Autore

Llewellyn Karl N (Karl Nickerson), <1893-1962.>

Titolo

The theory of rules / / Karl N. Llewellyn ; edited and with an introduction by Frederick Schauer

Pubbl/distr/stampa

Chicago, : University of Chicago Press, c2011

ISBN

1-283-36268-6

9786613362681

0-226-48797-0

Edizione

[1st ed.]

Descrizione fisica

1 online resource (165 p.)

Altri autori (Persone)

SchauerFrederick F

Disciplina

340/.11

Soggetti

Law - Decision making - Philosophy

Law - Methodology

Decision making - Philosophy

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Front matter -- CONTENTS -- EDITOR'S INTRODUCTION -- EDITORIAL NOTES -- History and Acknowledgments -- CHAPTER I. The Frame of the Discussion -- CHAPTER II. Rules of Law: Command and Prediction -- CHAPTER III. Rules of Law: The Propositional Form -- CHAPTER IV. Rule of Thumb and Principle -- CHAPTER V. Rule of Conduct, and the Legal Order -- CHAPTER VI. Our Situational Concepts -- CHAPTER VII. The Advocate's Leeway -- CHAPTER VIII. Stabilities within the Leeways -- The Remaining Chapters -- Index

Sommario/riassunto

Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn's thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are "pretty playthings." Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn's thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of



which are devoted to achieving a law's larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn's writings and will prove a valuable contribution to the existing literature on legal realism.