《普通法傳統》：傳統還是理想－－對《普通法傳統》的另一種解讀

The Common Law Tradition: Tradition or Ideals-- A New Interpretation to The Common Law Tradition

《普通法傳統》是現實主義的代表人物盧埃林晚年的一部著作，在這本書中他針對律師界對上訴法院判決的信任危機而提出上訴法院的判決是有可估量性的。他認為，可估量性的最重要的保障是一種法院的宏大風格，而這種宏大風格正是普通法的傳統。他通過分析法院的司法意見得出這個結論並試圖告訴我們這種傳統正在復蘇。但我們卻懷疑他並非在描述現實，而是在暢抒理想。這就是對這本書的另外一種解讀。

The Common Law Tradition was written by Llewellyn, who was the representative of realism. In this book, he said that judgments by the Court were measurable in actually. This can be guaranteed by the grand style of the court, and he thought the grand style was the common law tradition. He adopted the views of the courts in order to come to this conclusion and he tried to tell us that this tradition was recovering. But we suspect that he was not describing reality, but to express their ideals. It is the second interpretation of the tone of the book.