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Michigan Law Review, 1995
According to a standard history of American legal thought, in the 1930s and 40s a generation of t... more According to a standard history of American legal thought, in the 1930s and 40s a generation of thinkers broke down the reigning analytical structure of the law-legal formalism-that conceived of law as a science that decided cases by deducing conclusions from authoritative premises. 1 The legal process school emerged as formalism's chief contender and soon took its place as the dominant school of legal thought. The advocates of this new thinking rallied around a few central ideas, including law as social policy, and the importance of institutional competence. As two commentators recently noted,2 the school produced legal classics, such as Hart and Wechsler's The Federal Courts and the Federal System, 3 Lon Fuller's "Forms and Limits of Adjudication," 4 and, most importantly, Hart and Sacks's unfinished and long-unpublished teaching materials entitled The Legal Process: Basic Problems in the Making and Application of Law. 5 In the 1960s and 70s, however, social divisions such as the civil rights and women's movements and sudden economic insecurity undermined this legal consensus, and "the socio-political conditions for the legal process synthesis ended." 6
Michigan Law Review, 1995
According to a standard history of American legal thought, in the 1930s and 40s a generation of t... more According to a standard history of American legal thought, in the 1930s and 40s a generation of thinkers broke down the reigning analytical structure of the law-legal formalism-that conceived of law as a science that decided cases by deducing conclusions from authoritative premises. 1 The legal process school emerged as formalism's chief contender and soon took its place as the dominant school of legal thought. The advocates of this new thinking rallied around a few central ideas, including law as social policy, and the importance of institutional competence. As two commentators recently noted,2 the school produced legal classics, such as Hart and Wechsler's The Federal Courts and the Federal System, 3 Lon Fuller's "Forms and Limits of Adjudication," 4 and, most importantly, Hart and Sacks's unfinished and long-unpublished teaching materials entitled The Legal Process: Basic Problems in the Making and Application of Law. 5 In the 1960s and 70s, however, social divisions such as the civil rights and women's movements and sudden economic insecurity undermined this legal consensus, and "the socio-political conditions for the legal process synthesis ended." 6