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William Twining - The Great Juristic Bazaar: Jurists Texts and Lawyers Stories

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Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the readers own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.

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COLLECTED ESSAYS IN LAW The Great Juristic Bazaar The Collected Essays in - photo 1
COLLECTED ESSAYS IN LAW
The Great Juristic Bazaar
The Collected Essays in Law Series
General Editor: Tom D. Campbell
Laws Premises, Laws Promise:
Jurisprudence after Wittgenstein
Thomas Morawetz
ISBN: 0 7546 2013 1
The Jurisprudence of
Laws Form and Substance
Robert S. Summers
ISBN: 0 7546 2024 7
Regulation, Crime, and Freedom
John Braithwaite
ISBN: 0 7546 2005 0
Legal Rules and Legal Reasoning
Larry Alexander
ISBN: 0 7546 2004 2
William Twining
The Great Juristic Bazaar
Jurists Texts and Lawyers Stories
The Great Juristic Bazaar Jurists Texts and Lawyers Stories - image 2
First published 2002 by Dartmouth Publishing Company and Ashgate Publishing
Published 2017 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright William Twining 2002
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
The Great Juristic Bazaar: Jurists Texts and Lawyers Stories.
(Collected Essays in Law)
1. Jurisprudence. 2. Law Philosophy.
I. Twining, William, 1934
340
US Library of Congress Catalog-in-Publication Data:
The Great Juristic Bazaar: Jurists Texts and Lawyers Stories.
p. cm. (Collected Essays in Law)
Includes bibliographical references.
1. Jurisprudence. 2. Law Philosophy. 3. Law Interpretation
and construction. I. Twining, William. II. Series.
K234.G73 2002
340dc21
2001048712
ISBN 13: 978-0-7546-2211-6 (hbk)
Contents

R.G. Collingwoods Autobiography: One Readers Response
Journal of Law and Society, , Blackwell, 1998, pp. 603620
The Bad Man Revisited
Cornell Law Review, , 1975, pp. 275303
Academic Law and Legal Philosophy: The Significance of Herbert Hart
The Law Quarterly Review, , Stevens, 1979, pp. 557580
Talk about Realism
New York University Law Review, , 1985, pp. 329384
Karl Llewellyns Unfinished Agenda: Law in Society and the Job of Juristic Method
Chicago Papers in Legal History, University of Chicago Law School, 1993
Reading Bentham Maccabean Lecture in Jurisprudence
Proceedings of the British Academy, , 1989, pp. 97141
Imagining Bentham
Current Legal Problems, , Oxford University Press, pp. 136
Globalisation, Post-Modernism and Pluralism: Santos, Haack and Calvino
Globalisation and Legal Theory, Butterworth, 2000, pp. 194244
Reviving General Jurisprudence
Transnational Legal Processes Globalisation and Power Desparaties, M. Likosky (ed.), Butterworth 2001, pp. 322
The Great Juristic Bazaar
Journal of the Society of Public Teachers of Law (New Series), , Butterworth, 1978, pp. 185200
Lawyers Stories
Rethinking Evidence, Blackwell, 1990, Northwestern University Press, 1994, pp. 219261
Anchored Narratives: A Comment
European Journal of Crime, Criminal Law and Criminal Justice, , Kluwer Law International, 1995, pp. 106114
Good Stories and True Stories
Rationality, Information and Progress in Law and Psychology (Liber Amicorum Hans F. M. Crombag) Peter J. van Koppen and Nikolas H. M. Roos (eds), Metajuridica, 2000, pp. 3342
Narrative and Generalizations in Argumentation about Questions of Fact
South Texas Law Review, , 1999, pp. 351365
The Ratio Decidendi of the Parable of the Prodigal Son
Human Rights and Legal History: Essays in Honour of Brian Simpson, Katherine ODonovan and Gerry R. Rubin (eds) Oxford University Press, 2000, pp. 149171
To my students

Grateful acknowledgement is made to the following persons, editors publishers and institutions for their kind permission to reprint the articles included in this volume: Blackwells Publishers, Journals Division, Oxford; Sweet and Maxwell, London; NYU Law Review, New York; Professor R. Helmholz on behalf of the University of Chicago; The British Academy; London; Oxford University Press; Butterworths Publishers, London; Northwestern University Press, Evanston, Illinois; Kluwer Law International, The Hague; South Texas Law Review, Houston, Texas and Cornell Law Review, Ithaca, New York.

Collected Essays in Law makes available some of the most important work of scholars who have made a major contribution to the study of law. Each volume brings together a selection of writings by a leading authority on a particular subject. The series gives authors an opportunity to present and comment on what they regard as their most important work in a specific area. Within their chosen subject area, the collections aim to give a comprehensive coverage of the authors research. Care is taken to include essays and articles which are less readily accessible and to give the reader a picture of the development of the authors work and an indication of research in progress.
The initial volumes in the series include collections by Professors Frederick Schauer (Harvard), Constitutional Interpretation, John Braithwaite (ANU), Regulation, Crime and Freedom, Tom Morawetz, Laws Premises, Laws Promise, Robert Summers (Cornell), Laws Form and Substance, and Larry Alexander (San Diego), Legal Rules and Legal Reasoning. These collections set a high standard for future volumes in the series and I am most grateful to all of these distinguished authors for being in at the start of what it is hoped will become a rich and varied repository of the achievements of contemporary legal scholarship
William Twining was born in East Africa He has taught in Sudan Tanzania - photo 3
William Twining was born in East Africa. He has taught in Sudan, Tanzania, Northern Ireland, and the United States as well as in England. He is Research Professor of Law at University College London (UCL), having been Quain Professor of Jurisprudence from 1983 to 1996. He writes from personal knowledge of the main subjects of these essays: Herbert Hart first aroused his enthusiasm for Jurisprudence; he was also taught by Karl Llewellyn whose papers he put in order, subsequently writing his intellectual biography. At UCL Ronald Dworkin is a colleague and Jeremy Bentham a brooding omnipresence. His other interests include evidence, law and development, and legal education. He rejects sharp distinctions between theory and practice. He loves teaching, writing, and travelling and believes that good stories are enjoyable, necessary and dangerous. Photo by Heather Brown and Daryl Everitt.
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