Beyond the Formalist-Realist Divide: The Role of Politics in Judging
Cover; Title; Copyright; Contents; Acknowledgments; 1 Introduction; PART ONE: THE LEGAL FORMALISTS; 2 The Myth about Beliefs in the Common Law; 3 The Myth about ""Mechanical Jurisprudence""; 4 The Holes in the Story about Legal Formalism; PART TWO: The Legal Realists; 5 Realism before the Legal Realists; 6 A Reconstruction of Legal Realism; PART THREE: STUDIES OF JUDGING; 7 The Slant in the ""Judicial Politics"" Field; 8 What Quantitative Studies of Judging Have Found; PART FOUR: LEGAL THEORY; 9 The Emptiness of ""Formalism"" in Legal Theory; 10 Beyond the Formalist-Realist Divide; Afterword