Critical Legal Studies
A Liberal Critique
1st Edition
Published on 7. June 2021
216 pages
978-1-4008-2840-1 (ISBN)
Description
Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.
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04/1993
Princeton University Press
€49.30
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02/1990
Princeton University Press
€47.12
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Person
Andrew Altman is Associate Professor of Philosophy at George Washington University.
Content
- Cover Page
- Half-title Page
- Title Page
- Copyright Page
- Dedication Page
- Contents
- Acknowledgments
- Introduction
- One: Critical Legal Studies v. Liberalism
- The Players
- The Rule of Law
- The CLS Attack
- The Totalitarian Charge
- Conflict within CLS
- Two: Liberalism and Legality
- The Rule of Law: A Generic Liberal Model
- One Problem with the Generic Model
- Hart: Law and Social Rules
- Dworkin: The Soundest Theory of Law?
- Assessing Dworkin and Hart
- The Destruction of the Rule of Law?
- Three: The Possibility of the Liberal Rule of Law
- linger: The Contradictions of Liberalism
- The Right-Good Distinction
- Liberal Neutrality: Four Forms
- Reopening the CLS Attack
- Legal Neutrality and the Law-Politics Distinction
- Radical Indeterminacy
- Power, Neutrality, and Legalism
- Summary
- Four: The Contradictions of Law
- Form and Substance: Kennedy on Private Law
- The Patchwork Thesis
- The Duck-Rabbit Thesis
- The Truncation Thesis
- Summary
- Five: Law and Social Reality
- Rules and Social Reality
- linger: Society as an Artifact
- Ultra-Theory v. Super-Theory
- The Structure of the Law
- Law and Politics
- The Fundamental Contradiction
- Abstraction and the Law
- Law as Protector
- Index
