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Modern American Legal Theory


Course Description

This is a study in the theories that animate modern legal scholarship and practice. The course surveys classic articles and book excerpts and reviews to provide a basic understanding of the dominant theoretical movements and their development.

Additional Requirements for Graduate Students:
Graduate law students will not be doing any extra work beyond that required of the Juris Doctor students. J.D. students are post-baccalaureate students and the workload expected of them is the same workload expected of post-baccalaureate graduate students. Law students are professional students, not undergraduate students. Graduate law students are primarily international lawyers seeking expertise in the American legal system. This expertise is gained through exposure to Juris Doctor courses.


Athena Title

Modern American Legal Theory


Semester Course Offered

Offered every year.


Grading System

A - F (Traditional)


Course Objectives

Students will know the major theoretical movements prevalent in modern legal scholarship and practice. In particular, they will appreciate the critiques of formalism posed by the legal realists. They will acquire familiarity with the positions of major figures in the field of analytical jurisprudence. Further, they will acquire a broad understanding of the philosophical positions both of the proponents of law and economics and of its critics. In addition, students will understand modern methodological approaches in practice and scholarship, including empiricism, economics, and behavioral analysis.


Topical Outline

1. Law and philosophy 2. Natural law 3. Legal realism 4. Law and economics 5. Pragmatism 6. Law and society 7. Critical legal studies 8. Law and behavior 9. Law and institutions 10. Empirical studies