26 Pages Posted: 7 Dec 2006
In 1929, American law professor Karl Llewellyn conducted a series of lectures in Germany regarding the case-law practice of law in America. In these lectures and the subsequent book, Llewellyn advanced a theory of law that was eerily precognitive of the famous linguistic turn in Philosophy and other disciplines. He instructed the Germans that to understand law is to understand the actual practice, the substantive actions, of law; not the prevalent notion that the rule or principle was definitive of law. In this essay I correlate Llewellyn's teachings with the subsequent revolutionary theories of Wittgenstein and show how Llewellyn's theory was a precursor to the linguistic turn generally.
Suggested Citation: Suggested Citation
Patterson, Dennis, Law's Practice. Columbia Law Review, Vol. 90, 1990. Available at SSRN: https://ssrn.com/abstract=950108