BN.com Gift Guide

Radical Critiques of the Law

Overview

The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory.

The ...

See more details below
This Hardcover is Not Available through BN.com
Sending request ...

Overview

The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory.

The authors consider whether the critiques advanced in recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech.

Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting.

Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volume-along with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best.

Read More Show Less

Product Details

  • ISBN-13: 9780700608454
  • Publisher: University Press of Kansas
  • Publication date: 8/28/1997
  • Pages: 352

Table of Contents

Preface

Editors' Introduction

Part 1. Critical Legal Studies and Critical Legal Theory

1. Critical Legal Parricide, or: What's So Bad About Warmed-Over Legal Realism?, Richard Nunan

2. Indeterminacy and Equity, Lawrence B. Solum

3. Jurgen Habermas's Recent Philosophy of Law, and the Optimum Point Between Abstract Universalism and Communitarianism, Norman Fischer

4. Legal Advocacy, Cooperation, and Dispute Resolution, Larry May,

Comment by Douglas Lind

Part II. Feminist Political and Legal Theory

5. Autonomy and the Encumbered Self, Emily R. Gill

Comment by Natalie Dandekar

Comment by Suzanne Duvall Jacobitti

6. Feminist Legal Critics: The Reluctant Radicals, Patricia Smith

7. Law and Social Exclusion, Diana Tietjens Meyers

Comment by Carol C. Gould

Comment by Bruce M. Landesman

Part III. Liberal Responses to Feminist and Critical Theory

8. Are Feminist and Critical Legal Theory Radical?, Richard T. De George

9. Liberalism and Radical Critiques of the Law, Wade L. Robison

10. Liberalism, Radicalism, Muddlism: Comments on Some New Ways of Thinking About Legal Questions, Joseph Ellin

Part IV. Critical Views on Criminal Punishment

11. Feminism, Women, and the Criminal Law, Joan L. McGregor

12. A Radical Critique of Criminal Punishment, James F. Doyle

13. Punishment and Inclusion: The Presuppositions of Corrective Justice in Aristotle and What They Imply, Randall R. Curren

14. Jurisprudential Indeterminacy: The Case of Hate Speech Regulation, Thomas W. Simon

15. First Amendment Liberalism and Hate Speech: After R.A.V. v. St. Paul, David M. Adams

Contributors

Index

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)