Pragmatism and Law
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A textual analysis of the US legal discourse and its unfolding through time and place in terms of the pragmatic idea, based on Alberstein's (Bar Ilan U., Israel) doctoral dissertation for Harvard Medical School. Characterizing the jurisprudence of the 1950s as a constitutive moment that casts any narration as either before or after it, she follows the various appearances of pragmatism in time and place in order to trace the American singularity in historical narratives that emphasize both the general and the universal. A recurring theme is the iconic role of Harvard as representing this singularity. Annotation c. Book News, Inc., Portland, OR Booknews A textual analysis of the US legal discourse and its unfolding through time and place in terms of the pragmatic idea, based on Alberstein's (Bar Ilan U., Israel) doctoral dissertation for Harvard Medical School. Characterizing the jurisprudence of the 1950s as a constitutive moment that casts any narration as either before or after it, she follows the various appearances of pragmatism in time and place in order to trace the American singularity in historical narratives that emphasize both the general and the universal. A recurring theme is the iconic role of Harvard as representing this singularity. Annotation c. Book News, Inc., Portland, OR (booknews.com)
PrefaceIntroduction1The Maturing of the Pragmatic Idea in Law and Society (Or: The Fall, and the Rise of 'Philawsophy')12Settled Law and the Law-That-Is-Not-But-Ought-To-Be: The Pragmatic Philosophy of Dispute Resolution (Or: Why Couldn't Henry Hart Speak?)1003Taking Sides: Margins and Phases of Pragmatics of Legal Process Disciples (Or: The Pragmatists That We Are)1854In Search of the Dispute: On Lawyers and Legal Philawsophers at Harvard Law School (Or: Some Private Hope and Public Irony)2515From Philawsophy to Dispute-Resolution (Or: Layers of Mediation, and Models of Engagements in Reality)321Concluding Notes341Bibliography346Index355
