The Jurisprudence of Style A Structuralist History of American Pragmatism and Liberal Legal Thought
The Jurisprudence of Style: A Structuralist History of American Pragmatism and Liberal Legal Thought by Justin Desautels-Stein, published by Cambridge University Press on February 22, 2018, spans 305 pages and is presented in English. This book examines the prevailing methods by which lawyers and judges formulate their argumentative practices within American legal thought. Desautels-Stein explores the evolution of this dominant conception of “thinking like a lawyer,” detailing its historical context and significance.
Readers will find a thorough analysis of the intellectual connections between American pragmatism and liberal legal thought, tracing their development from the late nineteenth century to the late twentieth century. By employing legal structuralism and phenomenology, Desautels-Stein offers a practice-oriented perspective on contemporary legal debates. The book delves into how these philosophical movements inform current legal practices, providing insights into the complexities of jurisprudence and legal history.
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In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to ‘think like a lawyer’. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School’s first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.
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