The Bramble Bush: On Our Law and Its Study

Quid Pro Books
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Written generations ago, but highly relevant today, The Bramble Bush remains one of the books most recommended for students to read when considering law school, just before beginning its study, or early in the first semester. Its first edition began as a collection from a series of introductory lectures given by legal legend Karl Llewellyn to new law students at Columbia University. It still speaks to law, legal reasoning, and exam-taking skills in a way that makes it a classic for each new generation. 

The Quid Pro Legal Legends Edition includes an extensive, practical, and modern Introduction by Stewart Macaulay, a senior law professor at the University of Wisconsin-Madison. Macaulay updates the current reader on the book's continued relevance and application, offers a practical perspective to new law students, and places the original edition in its historical context. Simply put, Macaulay writes, this "is a book that anyone interested in law schools or law should read."

The Quid Pro Books edition of the classic work also includes several unobtrusive annotations, to update the reader on legal terms and cultural references made in the original that may not be clear to today's reader. Moreover, this is a carefully proofread and presented edition, lacking the errors and scanning mistakes of other presses' editions in print. It is also available in paperback and clothbound formats from Quid Pro, including the annotations and new Introduction by Prof. Macaulay.

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About the author

Karl N. Llewellyn (1893-1962) was a distinguished legal scholar and professor of law, teaching at Columbia and the University of Chicago. He was a  leading figure in the school of Legal Realism, and the author of acclaimed books on law study, commercial law, jurisprudence, and legal anthropology.

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Additional Information

Publisher
Quid Pro Books
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Published on
Apr 24, 2012
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Pages
200
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ISBN
9781610271356
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Language
English
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Genres
Education / General
Law / Jurisprudence
Law / Legal Education
Law / Legal History
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Content Protection
This content is DRM protected.
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Available on Android devices
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Eligible for Family Library

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Karl Llewellyn, a legal realist whose views on jurisprudence were influential and sometimes controversial, was also one of the leading teachers of fundamental legal thought. He took seriously the functions of courts, the use of precedent, and the power of rules. In this important book, he laid bare these jurisprudential tools, in support of appellate court thinking at all levels in the legal system. Legal analysis is so clearly picked apart that this work has served as a tool-kit for judicial thinking — and persuasive argument to courts — since it was first published in 1960. And his invaluable appendices show in detail how arguments and judicial expressions can be turned around to the advocate's advantage. 

This book is the culmination of a lifetime of analysis of legal thought from one of the legal system’s most important legends. The new digital edition from Quid Pro Books adds a 2015 Foreword by Tulane law professor Steven Alan Childress. It is part of the Legal Legends Series from Quid Pro. Quality ebook formatting includes linked notes, active Contents, active cross-references in text, and proper presentation of text and notes. Other convenient features include fully-linked Index and Table of Cases (using original pagination), so that the reader can easily navigate to the topic or case of interest, and locate references from the original printings. The ebook is carefully proofread and properly presented, unlike many such digital republications today. 

Also available in an affordable new paperback reprint edition from Quid Pro Books, and a library-quality hardcover format, both of which embed the original pagination from the original editions so as to maintain continuity across printings. These new printings also feature the 2015 introduction from Prof. Childress.

A compelling new addition to the Legal Legends Series.

Professors Fischl and Paul explain law school exams in ways no one
has before, all with an eye toward improving the reader’s performance.
The book begins by describing the difference between educational
cultures that praise students for “right answers,” and the law school
culture that rewards nuanced analysis of ambiguous situations in which
more than one approach may be correct. Enormous care is devoted to
explaining precisely how and why legal analysis frequently produces such
perplexing situations.


But the authors don’t stop with mere description. Instead, Getting to Maybe
teaches how to excel on law school exams by showing the reader how
legal analysis can be brought to bear on examination problems. The book
contains hints on studying and preparation that go well beyond
conventional advice. The authors also illustrate how to argue both sides
of a legal issue without appearing wishy-washy or indecisive. Above
all, the book explains why exam questions may generate feelings of
uncertainty or doubt about correct legal outcomes and how the student
can turn these feelings to his or her advantage.


In sum, although the authors believe that no exam guide can
substitute for a firm grasp of substantive material, readers who devote
the necessary time to learning the law will find this book an invaluable
guide to translating learning into better exam performance.


“This book should revolutionize the ordeal of studying for
law school exams… Its clear, insightful, fun to read, and right on the
money.” — Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School  “Finally
a study aid that takes legal theory seriously… Students who master
these lessons will surely write better exams. More importantly, they
will also learn to be better lawyers.” — Steven L. Winter, Brooklyn Law School “If
you can't spot a 'fork in the law' or a 'fork in the facts' in an exam
hypothetical, get this book. If you don’t know how to play 'Czar of the
Universe' on law school exams (or why), get this book. And if you do
want to learn how to think like a lawyer—a good one—get this book. It's,
quite simply, stone cold brilliant.” — Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)

Attend a Getting to Maybe seminar! Click here for more information.

One L, Scott Turow's journal of his first year at law school introduces and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Turow's multidimensional delving into his protagonists' psyches and his marvelous gift for suspense prefigure the achievements of his celebrated first novel, Presumed Innocent, one of the best-selling and most talked about books of 1987.

Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty: Perini, the dazzling, combative professor of contracts, who presents himself as the students' antagonist in their struggle to master his subject; Zechman, the reserved professor of torts who seems so indecisive the students fear he cannot teach; and Nicky Morris, a young, appealing man who stressed the humanistic aspects of law.

Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and throught-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are.

In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues. Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions. Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
Karl Llewellyn, a legal realist whose views on jurisprudence were influential and sometimes controversial, was also one of the leading teachers of fundamental legal thought. He took seriously the functions of courts, the use of precedent, and the power of rules. In this important book, he laid bare these jurisprudential tools, in support of appellate court thinking at all levels in the legal system. Legal analysis is so clearly picked apart that this work has served as a tool-kit for judicial thinking — and persuasive argument to courts — since it was first published in 1960. And his invaluable appendices show in detail how arguments and judicial expressions can be turned around to the advocate's advantage. 

This book is the culmination of a lifetime of analysis of legal thought from one of the legal system’s most important legends. The new digital edition from Quid Pro Books adds a 2015 Foreword by Tulane law professor Steven Alan Childress. It is part of the Legal Legends Series from Quid Pro. Quality ebook formatting includes linked notes, active Contents, active cross-references in text, and proper presentation of text and notes. Other convenient features include fully-linked Index and Table of Cases (using original pagination), so that the reader can easily navigate to the topic or case of interest, and locate references from the original printings. The ebook is carefully proofread and properly presented, unlike many such digital republications today. 

Also available in an affordable new paperback reprint edition from Quid Pro Books, and a library-quality hardcover format, both of which embed the original pagination from the original editions so as to maintain continuity across printings. These new printings also feature the 2015 introduction from Prof. Childress.

A compelling new addition to the Legal Legends Series.

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues. Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions. Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
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