Radical Critiques of the Law
Edited by Stephen M. Griffin and Robert C. L. Moffat
360 pages, 6 x 9
An AMINTAPHIL volume
Cloth ISBN 978-0-7006-0845-4, $45.00
Paper ISBN 978-0-7006-0846-1, $25.00
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.
"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
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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