Realism, Legal

Author ORCID Identifier

Dan Priel: 0000-0002-8648-5760

Document Type

Book Chapter

Publication Date

1-7-2025

Source Publication

Elgar Concise Encyclopedia of Law and Literature. Cheltenham, UK: Edward Elgar Publishing, 2025. < https://doi.org/10.4337/9781803925912.ch104>.

Keywords

Legal realism; Judicial style; Benjamin Cardozo; Karl Llewellyn; Jerome Frank

Abstract

This entry considers the legal realists’ neglected contribution to law and literature. Starting with Cardozo’s essay ‘law and literature’ on the importance of judicial style, it then considers the contributions of the legal realists to the topic, focusing especially on the contributions of Karl Llewellyn and Jerome Frank. Cardozo and Frank—both judges who were interested in making sure they effectively conveyed their ideas—focused on the style a judge should adopt. By contrast, Llewellyn’s more sociological perspective was concerned with how different periods and jurisdictions were dominated by different judicial styles.

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