Radical Critiques of the Law

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"This book provides an exceptionally useful introduction to the leading ideas in critical legal studies, feminist legal theory, and critical race theory. It is at least three books in one. Philosophers of law, feminist theorists, and reflective practitioners of the law will find in this powerful anthology the kind of conceptual tools they need to radically deconstruct traditional Anglo-American law."—Rosemarie Tong, author of Feminist Philosophies

"How radical are recent feminist and critical theory critiques of liberal legal theory? This book offers a range of thoughtful assessments. Especially provocative is the section on punishment, challenging not just traditional styles of justification but our very reliance on that institution as an instrument of social control."—Claudia Card, editor of Feminist Ethics

"It is very useful to have in one volume appraisals of law and suggestions for change from these perspectives, especially when accompanied by liberal skepticism about just how radical the critiques really are."—Virginia Held, author of Feminist Morality

"A highly illuminating assessment of some of the most important recent criticisms of the American legal system and the liberalism alleged to justify it."—Carl Wellman, author of Real Rights

Author Biography: Stephen M. Griffin is professor of law at Tulane University and author of American Constitutionalism: From Theory to Politics.

Robert C. L. Moffatt is professor of law at the University of Florida and Executive Director of AMINTAPHIL.

Contributors: David M. Adams, Randall R. Curren, Natalie Dandekar, Richard T. De George, James F. Doyle, Joseph Ellin, Norman Fischer, Emily R. Gill, Carol C. Gould, Stephen M. Griffin, Suzanne Duvall Jacobitti, Bruce M. Landesman, Douglas Lind, Larry May, Joan L. McGregor, Diana Tietjens Meyers, Robert C. L. Moffat, Richard Nunan, Wade L. Robison, Thomas W. Simon, Patricia Smith, Lawrence B. Solum

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Product Details

  • ISBN-13: 9780700608461
  • Publisher: University Press of Kansas
  • Publication date: 9/28/1997
  • Series: Amintaphil Series
  • Edition description: New Edition
  • Pages: 352
  • Product dimensions: 6.05 (w) x 9.01 (h) x 1.07 (d)

Table of Contents

Editors' Introduction 1
Pt. I Critical Legal Studies and Critical Legal Theory 19
1 Critical Legal Parricide, or: What's So Bad About Warmed-Over Legal Realism? 21
2 Indeterminacy and Equity 44
3 Jurgen Habermas's Recent Philosophy of Law, and the Optimum Point Between Abstract Universalism and Communitarianism 67
4 Legal Advocacy, Cooperation, and Dispute Resolution 83
Comment 98
Pt. II Feminist Political and Legal Theory 105
5 Autonomy and the Encumbered Self 107
Comment 128
Comment 135
6 Feminist Legal Critics: The Reluctant Radicals 143
7 Law and Social Exclusion 162
Comment 180
Comment 186
Pt. III Liberal Responses to Feminist and Critical Theory 193
8 Are Feminist and Critical Legal Theory Radical? 195
9 Liberalism and Radical Critiques of the Law 205
10 Liberalism, Radicalism, Muddlism: Comments on Some New Ways of Thinking About Legal Questions 215
Pt. IV Critical Views on Criminal Punishment 231
11 Feminism, Women, and the Criminal Law 233
12 A Radical Critique of Criminal Punishment 253
13 Punishment and Inclusion: The Presuppositions of Corrective Justice in Aristotle and What They Imply 273
14 Jurisprudential Indeterminacy: The Case of Hate Speech Regulation 293
15 First Amendment Liberalism and Hate Speech: After R. A. V. v. St. Paul 310
Contributors 333
Index 335
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