Law’s Quandary by Steven D Smith pdf free download

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Law’s Quandary by Steven D Smith pdf free download

Law’s Quandary by Steven D Smith pdf free download. A preface typically tries to say what a book is about; sometimes it also serves to express acknowledgments. In my case, these purposes converge. What is the book about? Well, I suppose I could describe it as an inquiry into the recurring complaint that provides the title for the first chapter—the complaint that accuses the vast, solemn outpourings of lawyers and judges of being “just words.” But that sort of preview would be opaque—and potentially embarrassing. (“You actually wrote a book—a whole book—about whether law is just a lot of words? Have you no sense of irony? Nothing more worthwhile to do with your time?”) Desperate to give the book greater dignity, I might overcorrect and say that it’s about the metaphysics of law, or about how our understanding of law has deteriorated due to our wanton neglect (or, rather, our systematic suppression) of its ontological dimensions. But that sort of theme, baldly stated and standing alone, would be merely misleading and also, in the current climate of opinion, alienating.

Law’s Quandary by Steven D Smith pdf free download

Who today has any use for “metaphysics” or “ontology”? Who has any clear notion of what, if anything, those terms even mean? So for now, I can better express what this book is trying to do more obliquely, by offering two sets of acknowledgments. The first is to several generations of mentors who lived and wrote just a little before my time and, probably, yours. (I once met Lon Fuller, actually, but he was well past his prime.) A half-century or a century ago, it was possible to write about jurisprudence in a way that even the most celebrated legal thinkers of our own era—Ronald Dworkin, for example, or Richard Posner—no longer manage, and probably no longer aspire to.

Law’s Quandary by Steven D Smith pdf free download

I have in mind three particular works: Oliver Wendell Holmes’s essay “The Path of the Law,” Karl Llewellyn’s The Bramble Bush, and Lon Fuller’s The Law in Quest of Itself. Given the choice beix tween any of these writings and, say, a good novel, I suppose that even hardened professors of jurisprudence would choose the novel. So would I, probably. Even so, these writings manage to convey arresting insights in a way that is accessible, enjoyable, and even enriching in a general sense.

Law’s Quandary by Steven D Smith pdf free download

Law’s Quandary by Steven D Smith pdf free download

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