Law as a Means to an End: Threat to the Rule of Law (The Law in Context Series)
  • Law as a Means to an End: Threat to the Rule of Law (The Law in Context Series)
  • Law as a Means to an End: Threat to the Rule of Law (The Law in Context Series)

Law as a Means to an End: Threat to the Rule of Law (The Law in Context Series)

by Brian Z. Tamanaha
     
 

ISBN-10: 0521689678

ISBN-13: 9780521689670

Pub. Date: 10/02/2006

Publisher: Cambridge University Press

The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in…  See more details below

Overview

The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Product Details

ISBN-13:
9780521689670
Publisher:
Cambridge University Press
Publication date:
10/02/2006
Series:
Law in Context Series
Edition description:
New Edition
Pages:
254
Sales rank:
1,088,370
Product dimensions:
5.98(w) x 8.98(h) x 0.59(d)

Table of Contents

Introduction; Part I. The Spread of Legal Instrumentalism: 1. Non-instrumental views of law; 2. Changing society and common law in the nineteenth century; 3. Nineteenth century legislation and legal profession; 4. Instrumentalism of the legal realists; 5. Twentieth century Supreme Court instrumentalism; Part II. Contemporary Legal Instrumentalism: 6. Instrumentalism in legal academia in the 1970s; 7. Instrumentalism in theories of law; 8. Instrumentalism in the legal profession; 9. Instrumentalism of cause litigation; 10. Instrumentalism and the judiciary; 11. Instrumentalism in legislation and administration; Part III. Corroding the Rule of Law: 12. Collapse of higher law, deterioration of common good; 13. The threat to legality; Epilogue.

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