Cover image for The politics of law : a progressive critique
The politics of law : a progressive critique
Kairys, David.
Revised edition (2nd edition ).
Publication Information:
New York : Pantheon Books, [1990]

Physical Description:
xii, 481 pages ; 24 cm
Added Author:
Format :


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KF8700 .P65 1990 Adult Non-Fiction Central Closed Stacks

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The new edition of this anthology contains essays on all the subjects covered in the first year of law school while continuing the book's tradition of accessibility to non-law trained readers. Contributions from law and related disciplines raise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas. Annotation copyrighted by Book News, Inc., Portland, OR

Reviews 2

Booklist Review

The second edition of this probing anthology of critical essays on the law and courts (the first was published in 1982) has been greatly revised and expanded, emphasizing throughout the conservative shift in legal and social thought accompanying the Reagan era. This volume is packed with more than two dozen essays by criminologists, legal scholars, historians, and philosophers and covers all aspects of law: constitutional, business, criminal, tort, international, etc. It also reviews traditional jurisprudence and mainstream legal thought and introduces various progressive approaches to the law. According to the editor, this is a popular text in first-year law classes, but general readers will find the dense, jargon-filled prose tough going. However, for those directly involved in the practice or teaching of law, this work makes a substantial contribution to understanding current trends in the field. No index. ~--Mary Banas

Library Journal Review

The Critical Legal Studies (CLS) movement generally holds that legal outcomes are not determined solely by applying legal reasoning to objective rules, but are instead largely contingent upon the social and political values of the decisionmaker and the context of the process. A revision of a 1982 work with the same title ( LJ 10/15/82), this includes 24 essays by CLS adherents who apply their theories to traditional jurisprudence, legal education, selected substantive areas of the law, and progressive approaches to the law. This edition has ten new essays, and most of the remaining ones have been updated or revised. An excellent collection providing an introductory survey of a controversial but increasingly established alternative to traditional legal theories. Recommended for both law and academic libraries.-- Merlin Whiteman, Indiana Univ. Sch. of Law, Indianapolis (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

Table of Contents

Acknowledgmentsp. xi
Preface To The Third Editionp. xiii
Introductionp. 1
I Traditionaljurisprudence Andlegal Educationp. 21
1 The History Ofmainstream Legalthoughtp. 23
2 Legal Education Astraining For Hierarchyp. 54
II Selected Issues Andfields Of Lawp. 77
3 Politics And Procedurep. 79
4 Going To Court: Access, Autonomy, And The Contradictions Of Liberal Legalityp. 97
5 Gay Rights And Identity Imitation: Issues In The Ethics Of Representationp. 115
6 Health Lawp. 147
8 Freedom Of Speechp. 190
9 The Indivisible Framework Of International Human Rights: Bringing It Homep. 216
10 Propertyp. 240
11 The Stakes Of Intellectual Property Lawp. 259
12 Law And Race In Early Americap. 279
13 Antidiscrimination Law From 1954 To 1989: Uncertainty, Contradiction, Rationalization, Denialp. 285
14 Race And Affirmative Action: A Critical Race Perspectivep. 312
15 Women's Subordination And The Role Of Lawp. 328
16 A Black Feminist Critique Of Antidiscrimination Law And Politicsp. 356
17 Crime And Punishment In The United States: Myths, Realities, And Possibilitiesp. 381
18 Two Systems Of Criminal Justicep. 410
19 Police Practicesp. 434
20 Tortsp. 445
21 The Rise And Early Progressive Critique Of Objective Causationp. 471
22 Contract Law As Ideologyp. 497
23 Contract Versus Politics In Corporation Doctrinep. 511
24 Critical Theory And Labor Relations Lawp. 539
25 Welfare And Legal Entitlements: The Social Roots Of Povertyp. 569
26 The Political Tilt Of Separation Of Powersp. 591
III Progressive Approaches To The Lawp. 639
28 So Me Critical Theories Of Law And Their Criticsp. 641
29 Language And The Law: Literature, Narrative, And Legal Theoryp. 662
30 The Radical Tradition In The Lawp. 680
31 The Sex Of Lawp. 691
Contributorsp. 719
Index And Table Of Casesp. 725