From a Realist Point of View

著者名：Leiter, Brian

Oxford University Press（2026/02/24発売）

• 言語：ENG
• ISBN：9780197749821
• eISBN：9780197749838

Description

From A Realist Point of View combines new essays with revised versions of the most important recent work of preeminent legal realist Brian Leiter. This collection offers a systematic and philosophically ambitious account of legal realism and links it, for the first time, to political realism. Throughout, Leiter engages with various legal traditions (American, Scandinavian, Italian, French) and realist thinkers, from Thucydides to Nietzsche.Part I, "Realism about Law and Legal Reasoning," examines the problem of theoretical disagreement, the relation between legal positivism and realism, and the realist theory of precedent, concluding with a penetrating critique of the recent metaphysical inflation of general jurisprudence in America. Part II, "Realism about Courts, Politics and Morality," brings the realistic perspective to bear on courts and democracy, as well as on morality (understood as a culturally variably human artifact) and moral philosophy (treated as ethnographic data, irrelevant to political practice). It concludes with case studies of two realist political thinkers, Marx and Foucault.

Table of Contents

1. What is Realism?Part I: Realism about Law and Legal Reasoning2. Explaining Theoretical Disagreement3. Theoretical Disagreements in Law: Another Look4. Postscript on Theoretical Disagreements5. Legal Positivism as a Realist Theory of Law 6. Realism about Precedent7. How to Cabin the Realist Indeterminacy Thesis8. The Demarcation Problem in Jurisprudence: A New Case for Skepticism9. Against the Metaphysical Turn in Recent American Jurisprudence Part II: Realism about Courts, Politics, and Morality10. Legal Formalism and Legal Realism: What is the Issue?11. In Praise of Realism (and Against "Nonsense" Jurisprudence)12. Constitutional Law, Moral Judgment, and the U.S. Supreme Court as Super-Legislature13. The Roles of Judges in Democracies: A Realistic View14. The Boundaries of the Moral (and Legal) Community15. Disagreement, Anti-Realism about Reasons, and Inference to the Best Explanation16. Normativity for Naturalists17. The Paradoxes of Public Philosophy 18. Why Marxism Still Does Not Need Normative Theory: A Polemic 19. Foucault as a Kind of Realist: Genealogical Critique and the Debunking of Human Sciences