ANGELA FERNANDEZ, Pierson v Post, The Hunt for the Fox: Law and Professionalization in American Legal Culture (Cambridge, UK: Cambridge University Press, 2018). There are many different approaches to private law theory, but one family of approaches is distinguished by its commitment to take the law seriously as we find it. What this means is a commitment to the view that conceptual doctrinal analysis and ‘analytical reconstructions of doctrine’ are a central task for legal scholarship. For some, this doctrinal analysis is relatively insulated from broader questions of policy thought to be ‘external’ (Ernest Weinrib), whereas others articulate a more complex view of the relationship between doctrine and the forms of ‘external’ analysis one might bring to bear on it. My claim in this review is that all property theorists who espouse some form of the take-law-seriously-as-we-find-it claim (as I do) should read and reflect upon Angela Fernandez’s rich historical contextualizing of Pierson v Post …
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Lisa M Austin, Pierson v Post, The Hunt for the Fox: Law and Professionalization in American Legal Culture by Angela Fernandez (review), University of Toronto Law Journal, volume 70, number 3, Summer 2020, pp 376-381.
First posted 2020-07-23 05:26:37
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