Formalism and Realism in Fifteenth-century English Law: Bodies Corporate and Bodies Natural

Document Type

Book Chapter

Publication Date

2012

Editor(s)

Paul Brand & Joshua Getzler

ISBN

9781139224949

Publisher

Cambridge University Press

Language

en-US

Abstract

Thomas Reed Powell, a US law professor, said seventy years ago or more, ‘if you think you can think about a thing, inextricably attached to something else, without thinking of the thing it is attached to, then you have a legal mind’. 1 Though many lawyers claim they have this legal mind as a matter of pride, Professor Powell, I am sure, did not mean this as a compliment. The Legal Realism movement that swept through US law schools in the 1920s and 1930s taught, among other things, that lawyers must see the real attachments between things, attachments that Legal Formalism had been so good at ignoring.

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