Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-06-04T20:46:39.401Z Has data issue: false hasContentIssue false

3 - On Realism's Own “Hangover” of Natural Law Philosophy: Llewellyn Avec Dooyeweerd

Published online by Cambridge University Press:  31 July 2009

Francis J. Mootz III
Affiliation:
University of the Pacific, California
Get access

Summary

“Ever since the era of the Legal Realists (such as … Karl Llewellyn),” remarks Litowitz (1997: 164), “lawyers have been aware that legal outcomes are somewhat indeterminate and unpredictable.” Hence the saying, “We're all realists now.” Then there was the joke among some law professors at the annual meeting of the American Association of Law Schools following the U.S. Supreme Court's handling of Bush v. Gore – which seemingly confirmed that law is politics (the slogan of critical legal studies) – that “we're all crits now.” But Karl Llewellyn, describing in 1934 the state of philosophy in American law, identified a sense in which we were, and I believe still are, all natural lawyers. (It is only a sense, because we are obviously not all formal adherents of the natural law tradition, any more than we are all realists or “crits.” But natural law, in a sense, is the fallback position for all of us.) And that sense on Llewellyn's part provides an unlikely link to a contemporary of Llewellyn (1893–1962), the Dutch legal theorist Herman Dooyeweerd (1894–1977) – unlikely, because Dooyeweerd was no realist, but rather a neo-Calvinist natural lawyer.

Dooyeweerd, like Llewellyn, was trained in law, not philosophy, but he became a leading philosopher in the Netherlands. As Llewellyn (1934) was writing “On Philosophy in American Law,” Dooyeweerd was completing De wijsbegeerte der wetsidee (The Philosophy of the Law-Idea) (Dooyeweerd 1935–6), which was translated into English as A New Critique of Theoretical Thought (Dooyeweerd 1953–8).

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Dooyeweerd, Herman. “Calvinism and Natural Law.” Trans. Wolters, A.. In Essays in Legal, Social and Political Philosophy. Eds. Witte, John and Cameron, Alan. Lewiston, NY: Edwin Mellen Press, 1996.Google Scholar
Dooyeweerd, Herman. Christian Philosophy and the Meaning of History. Trans. Vriend, J.. Lewiston, NY: Edwin Mellen Press, 1996.Google Scholar
Dooyeweerd, Herman. De wijsbegeerte der wetsidee. 3 vols. Amsterdam: H. J. Paris, 1935–6.Google Scholar
Dooyeweerd, Herman. A New Critique of Theoretical Thought. 4 vols. Philadelphia: Presbyterian and Reformed Publishing, 1953–8.Google Scholar
Fischer, William W., III, Horwitz, Martin J., and Reed, Thomas A., eds. American Legal Realism. Oxford: Oxford Univ. Press, 1993.
Hart, Hendrik. “Dooyeweerd's Gegenstand Theory of Theory.” In The Legacy of Herman Dooyeweerd: Reflection on Critical Philosophy in the Christian Tradition. Ed. McIntire, C. T.. Lanham, MD: Univ. Press of America, 1985, 143–66.Google Scholar
Holmes, O. “Natural Law.” In The Holmes Reader. Dobbs Ferry, NY: Oceana Publications, 1964, 81–4.Google Scholar
Hommes, H. J. van Eikema. Major Trends in the History of Legal Philosophy. Amsterdam: North-Holland Publishing, 1979.Google Scholar
Leiter, Brian. “American Legal Realism.” In The Blackwell Guide to the Philosophy of Law and Legal Theory. Eds. Golding, Martin P. and Edmundson, William A.. Oxford: Blackwell Publishing, 2005, 50–66.Google Scholar
Litowitz, Douglas E.Postmodern Philosophy and Law. Lawrence, KS: Univ. Press of Kansas, 1997.Google Scholar
Llewellyn, K. N.On Philosophy in American Law.” U. Pa. L. Rev. 82.3 (1934): 205–12.Google Scholar
Litowitz, Douglas E.Some Realism about Realism – Responding to Dean Pound.” Harv. L. Rev. 44.8 (1931): 1222–56.Google Scholar
Wolterstorff, Nicholas. Reason within the Bounds of Religion. Grand Rapids, MI: William B. Eerdman's Publishing, 1976.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×