25 October 2005

Duxbury vs. Leitner on 'American' Jurisprudence

LSN has notified publication as a University of Texas Law School Working Paper of the 1997 (!) review article by Brian Leitner of Neil Duxbury's Patterns of American Jurisprudence, which provides me with an excellent excuse to bring the paper - and the book - to your attention at this time.

Professor Duxbury's book has (in its first, and to me most interesting, part) an elaborate and convincing discussion of the origins and development of legal realism in America. Professor Leitner's critical review then - equally convincing, I thought - takes apart many of Duxbury's central premises and arguments, as its title "Is there an 'American' jurisprudence?" indicates. I do not know nearly enough about the subject to take sides, but the debate is in any event highly informative for the study of comparative legal discourse.

Neil Duxbury, Patterns of American Jurisprudence, (OUP 1995)
Brian Leitner, Is there an 'American' Jurisprudence? (SSRN 2005)

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