The Theory of Rules

Karl N. Llewellyn, Frederick Schauer, Frederick Schauer

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English

University of Chicago Press
01 April 2011

Law; Jurisprudence & philosophy of law

Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules.

This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.

By: Karl N. Llewellyn
Introduction by: Frederick Schauer
Edited by: Frederick Schauer
Imprint: University of Chicago Press
Country of Publication: United States [Currently unable to ship to USA: see Shipping Info]
Edition: Annotated edition
Dimensions: Height: 24mm, Width: 16mm, Spine: 2mm
Weight: 369g
ISBN: 9780226487953
ISBN 10: 0226487954
Pages: 168
Publication Date: 01 April 2011
Audience: College/higher education , Professional and scholarly , Professional & Vocational , Further / Higher Education , Undergraduate
Format: Hardback
Publisher's Status: Active

Karl N. Llewellyn (1893-1962) was one of the major figures in American legal thought and professor of law at Columbia Law School and the University of Chicago Law School. Frederick Schauer is the David and Mary Harrison Distinguished Professor of Law at the University of Virginia.

Reviews for The Theory of Rules

Important on several levels - biographical, historical, and jurisprudential - Karl N. Llewellyn's The Theory of Rules will immediately claim a place in the corpus of American legal theory. Llewellyn and Schauer have jointly produced an indispensable text. (Adrian Vermeule, Harvard Law School)