The Turn to Pluralist Jurisprudence

Nicole Roughan and Andrew Halpin, In Pursuit of Pluralist Jurisprudence (2017). Brian Tamanaha Jurisprudence usually changes gradually and imperceptibly, with large-scale shifts recognizable only with the benefit of hindsight. Seldom does it occur that a single piece signals a dramatic turn in the field. A prime example of a transformation-signaling piece is Karl Llewellyn’s A Realistic Jurisprudence—the Next Stop,1 announcing the emergence of legal realism. Llewellyn’s article did not itself produce the transformation; rather, he identified a generational shift in jurisprudential thought that was already taking place, and he sought to bring attention to this shift and the themes around which it revolved. The article (and its follow-up, Some Realism About Realism: Responding to Dean Pound2) served to crystallize and give a label to what theretofore had been an inchoate development. Following this article, legal realism would be criticized, debated,…

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