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The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
Mark Fenster
This article is an effort to provide both the intellectual context of Thurman Arnold's work and, through his work, a better sense of where and how the study of law turned after realism. The article is in five parts. Part I describes Arnold's relationship with legal realism, looking at the earliest part of his academic career when, as a mainstream realist, he performed empirical studies of local and state court systems. Part II is Arnold's proposed field of "Political Dynamics," an interdisciplinary approach to the symbols of law, politics, and economics. Part III considers Arnold's authorial voice in Symbols and …
The Dramas Of Criminal Law: Chapter [?] Of The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
The Dramas Of Criminal Law: Chapter [?] Of The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
Mark Fenster
This essay is a chapter of a book-in-progress on the legal and cultural theory of the legal realist Thurman Arnold, who was prominent as a Yale law professor from 1932 until he joined the Justice Department as head of its antitrust division in 1938. Arnold's work focused on the symbolic role of law in governance, both as a means by which the state gains legitimacy and as a means by which those who oppose a political majority attempt to frame their opposition. As public law that defines and enforces substantive prohibitions, criminal law and procedure allowed Arnold to develop some …
The Stubborn Incoherence Of Regulatory Takings, Mark Fenster
The Stubborn Incoherence Of Regulatory Takings, Mark Fenster
Mark Fenster
The Takings Clause, Version 2005: The Legal Process Of Constitutional Property Rights, Mark Fenster
The Takings Clause, Version 2005: The Legal Process Of Constitutional Property Rights, Mark Fenster
Mark Fenster
The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster
The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster
Mark Fenster