Narrative and Law

Frank, Cathrine O.

doi:10.1017/9781108386005.004

Cited by 2 publications

(1 citation statement)

References 15 publications

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“…Jerome Frank and fellow "fact-skeptics" contended on the basis of their investigations that it was impossible to construct anything resembling a science of law. 84 They found too much indeterminancy in the law, particularly when the actions of a trial judge or jury were taken into account. Llewellyn and other "rule-skeptics" concentrated on the appellate courts and retained their belief that generalizations accurately descriptive of judicial behavior could be formulated.8s What is important to note is that, despite such differing interpretations of the possibility of legal science, both positions were reached after a supposedly value-free investigation of the legal process.…”

Section: Resultsmentioning

confidence: 99%

American legal realism and sociological jurisprudence: The methodological roots of a science of law

Ingersoll

1981

J. Hist. Behav. Sci.

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There remains a good deal of confusion concerning the respective roles legal realism and sociological jurisprudence played in the movement to demythologize the study of law in the United States. It is asserted that this confusion is the result of a failure to recognize that American legal realism was part of the intellectual tradition of the thennew behavioral sciences–in particular, adopting as its methodological premise the ideal of a divorce between the study of fact and value. In contrast, sociological jurisprudence under the influence of Roscoe Pound, relied upon the tradition of pragmatic philosophy, ultimately denying that the realist's separation was either possible or desirable. As such, American legal realism should be seen as the true precursor of more modern attempts to engage in the study of judicial behavioralism and to attempt more scientific studies of the judicial process.

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Section: Resultsmentioning

confidence: 99%

American legal realism and sociological jurisprudence: The methodological roots of a science of law

Ingersoll

1981

J. Hist. Behav. Sci.

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Colonial Law in India and the Victorian Imagination

Neti

2021

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Situated at the intersection of law and literature, nineteenth-century studies and post-colonialism, Colonial Law in India and the Victorian Imagination draws on original archival research to shed new light on Victorian literature. Each chapter explores the relationship between the shared cultural logic of law and literature, and considers how this inflected colonial sociality. Leila Neti approaches the legal archive in a distinctly literary fashion, attending to nuances of voice, character, diction and narrative, while also tracing elements of fact and procedure, reading the case summaries as literary texts to reveal the common turns of imagination that motivated both fictional and legal narratives. What emerges is an innovative political analytic for understanding the entanglements between judicial and cultural norms in Britain and the colony, bridging the critical gap in how law and literature interact within the colonial arena.

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Narrative and Law

Cited by 2 publications

References 15 publications

American legal realism and sociological jurisprudence: The methodological roots of a science of law

American legal realism and sociological jurisprudence: The methodological roots of a science of law

Colonial Law in India and the Victorian Imagination

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