From a Realist Point of View
From a Realist Point of View
- ISBN 13: 9780197749821
- ISBN 10: 0197749828
- Format: Hardcover
- Copyright: 03/10/2026
- Publisher: Oxford University Press
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Summary
Part I, "Realism about Law and Legal Reasoning," examines the problem of theoretical disagreement, the relation between legal positivism and realism, and the realist theory of precedent, concluding with a penetrating critique of the recent metaphysical inflation of general jurisprudence in America. Part II, "Realism about Courts, Politics and Morality," brings the realistic perspective to bear on courts and democracy, as well as on morality (understood as a culturally variably human artifact) and moral philosophy (treated as ethnographic data, irrelevant to political practice). It concludes with case studies of two realist political thinkers, Marx and Foucault.




