This book is both a work of intellectual history and a contribution to legal philosophy. It represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought. The broad scope of this book ensures that it will be read by philosophers of law, historians of law, historians of American intellectual life, and those in political science concerned with public law and administration.
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Book Description
Editorial Reviews
Review
"...the great strength of Sebok's book...is the ease with which he is able to demonstrate that so many of the great names of American jurisprudence were wrong in what they tried to teach us." Scott D. Gerber, The Law and Politic Book Review
"...an excellent companion for collections on legal theory, history, and philosophy of law." Choice
"Anthony Sebok's Legal Positivism in American Jurisprudence is a fine and important book, and it deserves to be read on both sides of the Atlantic by all those with an interest in Anglo-American legal history, Anglo-American legal theory, and the peculiar Anglo-American idea of positive law...Sebok participates in an important modern trend. Luckily for the readers of his book, Sebok is a better historian than he lets on, and his book rises above the personal journey that he promises." Rechtshistorisches Journal
"...an excellent companion for collections on legal theory, history, and philosophy of law." Choice
"Anthony Sebok's Legal Positivism in American Jurisprudence is a fine and important book, and it deserves to be read on both sides of the Atlantic by all those with an interest in Anglo-American legal history, Anglo-American legal theory, and the peculiar Anglo-American idea of positive law...Sebok participates in an important modern trend. Luckily for the readers of his book, Sebok is a better historian than he lets on, and his book rises above the personal journey that he promises." Rechtshistorisches Journal
Book Description
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
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Most Helpful Customer Reviews
1 of 3 people found the following review helpful:
5.0 out of 5 stars
The book is an important contribution in its field.,
By A Customer
This review is from: Legal Positivism in American Jurisprudence (Cambridge Studies in Philosophy and Law) (Hardcover)
Sebok has made of Legal Positivism something more than the sum of its parts.
1 of 3 people found the following review helpful:
5.0 out of 5 stars
A lucid and erudite analysis of an oft misunderstood theory,
By A Customer
This review is from: Legal Positivism in American Jurisprudence (Cambridge Studies in Philosophy and Law) (Hardcover)
Tony Sebok is no longer the "swarthy young intelectual" from Brooklyn. He may now take his rightful place among the well respected names in contemporay jurisprudence. To Posner, Calabresi and Unger, we may now add Sebok.
1 of 4 people found the following review helpful:
5.0 out of 5 stars
A must-have on legal positivism,
By A Customer
This review is from: Legal Positivism in American Jurisprudence (Cambridge Studies in Philosophy and Law) (Hardcover)
If only Holmes could have read Legal Positivism in American Jurisprudence. . .
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Inside This Book
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First Sentence:
The past forty years have not been kind to legal positivism. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
fundamental rights school, law applier, classical common law theory, noncontinuing discretion, limited domain thesis, classical legal positivism, legitimate majoritarianism, unwritten constitution view, legal process scholars, bonum view, fundamental rights scholars, always under law, fundamental rights theorist, fundamental rights approach, social rule theory, pedigree constraint, separability thesis, valid human want, deduction thesis, general directive arrangements, argument from function, legal process school, presumptive positivism, strong natural law, coherence thesis Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, Warren Court, Fourteenth Amendment, Lon Fuller, Ronald Dworkin, Frederick Schauer, Joseph Raz, Oliver Wendell Holmes, Jeremy Bentham, Jerome Frank, John Dewey, Roscoe Pound, John Austin, Karl Llewellyn, The Fragility of Goodness, Grant Gilmore, Henry Hart, New York, Politics of Jurisprudence, Ages of American Law, Federal Trade Commission, Harvard Law School, Quest of Itself, Social Darwinism New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
The past forty years have not been kind to legal positivism. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
fundamental rights school, law applier, classical common law theory, noncontinuing discretion, limited domain thesis, classical legal positivism, legitimate majoritarianism, unwritten constitution view, legal process scholars, bonum view, fundamental rights scholars, always under law, fundamental rights theorist, fundamental rights approach, social rule theory, pedigree constraint, separability thesis, valid human want, deduction thesis, general directive arrangements, argument from function, legal process school, presumptive positivism, strong natural law, coherence thesis Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, Warren Court, Fourteenth Amendment, Lon Fuller, Ronald Dworkin, Frederick Schauer, Joseph Raz, Oliver Wendell Holmes, Jeremy Bentham, Jerome Frank, John Dewey, Roscoe Pound, John Austin, Karl Llewellyn, The Fragility of Goodness, Grant Gilmore, Henry Hart, New York, Politics of Jurisprudence, Ages of American Law, Federal Trade Commission, Harvard Law School, Quest of Itself, Social Darwinism New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 100
books:
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25
books
cite this book:
See all 25 books citing this book
- The Concept of Law (Clarendon Law Series) by H. L. A. Hart on 13 pages
- American Legal Theory (The International Library of Essays in Law and Legal Theory. Schools, No 6) by Robert Samuel Summers on 9 pages
- Taking Rights Seriously by Ronald Dworkin on 9 pages
- The Common Law (Law and Society Series) by Jr., Oliver Wendell Holmes on 8 pages
- The Common Law by Oliver Wendell Holmes Jr. on 8 pages
See all 100 books this book cites
- A History of Canadian Legal Thought: Collected Essays (Osgoode Society for Canadian Legal History) by R.C.B. Risk in Front Matter, and page 391
- Just Silences: The Limits and Possibilities of Modern Law by Marianne Constable on page 39, and Back Matter
- The Invisible Origins of Legal Positivism: A Re-Reading of a Tradition (Law and Philosophy Library) by W.E. Conklin on page 66, and Back Matter
- The Ethics of Deference: Learning from Law's Morals (Cambridge Studies in Philosophy and Law) by Philip Soper in Front Matter, and page 32
- Empirical Gap in Jurisprudence: A Comprehensive Study of the Supreme Court of Canada by Daved Muttart in Back Matter (1), and Back Matter (2)
See all 25 books citing this book
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