Legal Realism in Chicherin’s Philosophy of Law

Legal Realism as Theory of Law

Did Legal Realism Engage the Real World of Criminal Law?

Professor Walker’s provocative article strikingly retells the story of the Wechsler revolution in American law books, and its depiction of the larger scholarly significance of the change in textbook materials is quite convincing. Yet it reveals one big lacuna or, to change the metaphor, it has left out its back-story. Much of Walker’s retelling rests on his notion that the pre-Wechsler, pure co...

Doctrinal Categories, Legal Realism, and the Rule of Law

INTRODUCTION ....................................................................................... 1889 I. THE REALIST CONCEPTION OF LAW .................................................. 1891 II. THE ROLE OF DOCTRINE AND THE RULE OF LAW ........................... 1898 III. DOCTRINAL CATEGORIES, REALISTICALLY RECONSTRUCTED ........... 1905 IV. A CASE STUDY: ON PROPERTY AND PROPERTY INSTITUTI...

Legal Realism, Lex Fori, and the Choice-of-Law Revolution

Realism and Anti-realism in the Philosophy of Psychiatry1

This paper invalidates the anti-realist point of view on the existence of mental illness by reviewing the anti-psychiatry challenge to official psychiatry. We present the anti-realist ideas of Thomas Szasz as the most radical anti-psychiatric author followed by the more moderate thoughts of Cooper and Laing. We then present the criticism of all these authors, most notably by the Canadian philos...