From Sociological Jurisprudence to Realism: Jurisprudence and Social Change in Early Twentieth-Century America

The Influence of Sociology on American Jurisprudence from Oliver Wendell Holmes to Critical Legal Studies

“…And so, "one by one the truths of early twentieth century Amenca were exposed as myths. The gap between illusion and reality seemed ever-widening" (White 1972(White : 1017 Despite the skepticism brought on by the social events mentioned above, there nevertheless endured an optimistic belief --a kind of unwavering faith --in science. Throughout most of the nineteenth century, academic interest had focused principally on the impressi ve achievements of the natural and the physical sciences and on their methods of research.…”

“…and to criticize other schools" (White 1972:1000-1001). Since Frank's jurisprudence was largely influenced by psychoanalysis (see Frank 1930;Glennon 1985), in the following section I will examine only Llewellyn's legal philosophy and how it was affected by sociology.…”

“…Step," as "the first self-conscious statement of Realism" (White 1972(White : 1018. In this article Llewellyn distinguishes between "paper" rules and "real" rules.…”

Trademark Functionality Reexamined

“…Beginning with sociological jurisprudence at the turn of the century and culminating with legal realism in the 1930s, many jurists rejected the 19th-century natural rights theory in favor of a policy-based mode of legal analysis. 64 And their policy-based approach assumed that property rights, like all legal rights, were constructed by the state to serve social goals (see White 1972White , p. 1007. As I have explained elsewhere, this shift to a policy-based analysis had a significant impact on trademark and unfair competition law (Bone 2006, pp.…”

“…64 For a sampling of the vast literature on sociological jurisprudence and legal realism, see Gilmore (1977); Kalman (1986); Summers (1982);and White (1972). Handler and Charles Pickett of Columbia Law School wrote an influential series of articles arguing for a policy-based approach to trademark and unfair competition law (Handler & Pickett 1930a, 1930b.…”