19th and 20th centuries
Karl Llewellyn
1893–1962 · United States · Jurist and professor; principal drafter of the Uniform Commercial Code
1800 BCAD 2000
Life and ideas
Karl Llewellyn was an American law professor at Yale, Columbia and Chicago and the liveliest of the legal realists. His The Bramble Bush (1930), based on lectures to first-year students, tells them that what officials do about disputes is the law itself. He insisted that rules do not decide cases by themselves: judges are guided by their sense of the situation, by the habits of their craft and by the needs of the business or community involved. With the anthropologist E. Adamson Hoebel, he studied the law of the Cheyenne in The Cheyenne Way (1941). He was the chief drafter of the Uniform Commercial Code, which governs sales and other commercial dealings in almost every American state and is based on the practices of merchants.
The big idea
Rules are only part of what decides cases: judges are guided by 'situation sense', habit and the demands of the trade. Law should be studied by what officials do.
Main work
The Bramble Bush (1930); The Common Law Tradition (1960)
Legacy
A leading legal realist and the author of much of American commercial law.
The school of thought
- American Legal Realism: Law is what courts actually do; judges are people, and their reasons are not only the rules.
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