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Jurisprudence : Contemporary Readings, Problems and Narratives

ISBN-10: 0314055878

ISBN-13: 9780314055873

Edition: 1st 1994

Authors: Robert L. Hayman, Nancy Levit

List price: $35.00
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Book details

List price: $35.00
Edition: 1st
Copyright year: 1994
Publisher: West Publishing Company, College & School Division
Binding: Hardcover
Pages: 599
Size: 7.30" wide x 10.00" long x 0.80" tall
Weight: 1.936
Language: English

Preface
Acknowledgments
Introductionp. 1
Legal Realismp. 10
A Sociological Jurisprudencep. 21
The Path of the Lawp. 22
The Scope and Purpose of Sociological Jurisprudencep. 25
The New Philosophies of Lawp. 30
Notep. 32
The Realistsp. 33
A Realistic Jurisprudence - The Next Stepp. 33
The Call for a Realist Jurisprudencep. 39
Some Realism About Realism - Responding to Dean Poundp. 43
Are Judges Human?p. 46
American Legal Realismp. 50
Transcendental Nonsense and the Functional Approachp. 54
On Absolutism in Legal Thoughtp. 59
Historiographyp. 62
Legal Realism: Its Cause and Curep. 62
From Sociological Jurisprudence to Realism: Jurisprudence and Social Change in Early Twentieth-Century Americap. 65
Talk About Realismp. 68
A Partial Legacyp. 70
Back to the Future: The Short, Happy Life of the Law and Society Movementp. 70
Positivism and the Separation of Law and Moralsp. 75
"Natural" Law Revisitedp. 79
Liberal Communityp. 83
The Domain of the Political and Overlapping Consensusp. 88
Law and Economicsp. 95
The Economic Approach to Law: Evolution and Overviewp. 99
The Economics of the Baby Shortagep. 100
Efficiency, Utility, and Wealth Maximizationp. 106
Law and Economics: Science or Politicsp. 112
Law, Economics, and the Problem of Legal Culturep. 116
The Best Right Laws: Value Foundations of the Economic Analysis of Lawp. 122
Some Applications: Discrimination and Bargainingp. 124
Fair Driving: Gender and Race Discrimination in Retail Car Negotiationsp. 124
Forbidden Grounds: The Case Against Employment Discrimination Lawsp. 129
The Law and Economics of Racial Discrimination in Employment: The Case for Numerical Standardsp. 134
Law, Economics, and Post-Realist Explanationp. 139
The Strategic Structure of Offer and Acceptance: Game Theory and the Law of Contract Formationp. 140
A Bargaining Analysis of American Labor Law and the Search for Bargaining Equity and Industrial Peacep. 144
The Future of Law and Economicsp. 147
Could Lawyers Stop Recessions? Speculations on Law and Macroeconomicsp. 147
Law, Economics, and Post-Realist Explanationp. 152
The Constitution as an Economic Documentp. 156
Toward a New Discourse of Law and Economicsp. 159
Law and Sciencep. 167
Interdisciplinary Modelsp. 168
The Scientific Model in Lawp. 168
The Curvature of Constitutional Space: What Lawyers Can Learn from Modern Physicsp. 173
Scientific Methodp. 179
Listening to Tribal Legends: An Essay on Law and the Scientific Methodp. 179
Science and the Regulatory Statep. 187
The Reluctant Embrace: Law and Science in Americap. 187
Applied Sciencep. 196
The Limits of a Scientific Jurisprudence: The Supreme Court and Psychologyp. 196
Critical Legal Studiesp. 213
Exposing Hierarchyp. 216
Trashingp. 216
Legal Education and the Reproduction of Hierarchyp. 220
Rights Talk: Indeterminacy and Alienationp. 225
The Phenomenology of Rights-Consciousness and the Pact of the Withdrawn Selvesp. 225
The Public-Private Distinction in American Law and Lifep. 229
The CLS Social Visionp. 233
The Player and the Cards: Nihilism and Legal Theoryp. 233
The Death of the Law?p. 239
From the Lighthouse: The Promise of Redemption and the Possibility of Legal Interpretationp. 244
Tradition, Betrayal, and the Politics of Deconstructionp. 248
A (Future) Retrospectivep. 258
Critical Legal Studies: A Political Historyp. 258
Law and Literaturep. 265
Law in Literaturep. 268
The Quest for Silence: Faulkner's Lawyer in a Comparative Settingp. 268
Law and Interpretation (Law as Literature)p. 275
Law as Language: Reading Law and Reading Literaturep. 275
Objectivity and Interpretationp. 282
Fish v. Fissp. 286
Law as Literaturep. 293
Storytelling: Re-Imagining Law Through Literaturep. 297
Storytelling for Oppositionists and Others: A Plea for Narrativep. 297
Telling Stories Out of School: An Essay on Legal Narrativesp. 307
Gaylegal Narrativesp. 311
Hearing the Call of Storiesp. 316
Feminist Legal Theoryp. 325
Feminism and "Equality"p. 330
Reconstructing Sexual Equalityp. 330
Equality's Riddle: Pregnancy and the Equal Treatment/Special Treatment Debatep. 336
Jurisprudence and Genderp. 343
Toward a Feminist Theory of the Statep. 350
Feminism and Anti-Essentialismp. 358
Race and Essentialism in Feminist Legal Theoryp. 358
Ain't I A Feminist?p. 364
The Pragmatist and the Feministp. 368
Feminist Methodologyp. 373
Feminist Legal Methodsp. 373
Critical Race Theoryp. 383
Critical Race Theory and Justice: Challenging the Dominant Conceptions of the Real and Realizablep. 389
Foreword: The Civil Rights Chroniclesp. 389
The Id, The Ego and Equal Protection: Reckoning with Unconscious Racismp. 396
Race, Reform and Retrenchment: Transformation and Legitimation in Antidiscrimination Lawp. 400
The Obliging Shell: An Informal Essay on Formal Equalityp. 404
If He Hollers, Let Him Go: Regulating Racist Speech on Campusp. 407
The Algebra of Federal Indian Law: The Hard Trail of Decolonizing and Americanizing the White Man's Indian Jurisprudencep. 410
Critical Race Theory and Jurisprudence: Challenges in Another Voicep. 416
The Imperial Scholar: Does CLS Have What Minorities Want?p. 416
Alchemical Notes: Reconstructing Ideals from Deconstructed Rightsp. 420
Critical Legal Studies and the Realities of Racep. 424
Racial Critiques of Legal Academiap. 426
Masks and Other Disguises: Exposing Legal Academiap. 429
Toward a Black Legal Scholarshipp. 432
Critical Race Theory and Justice Revisited: Resisting the Real, Re-Thinking the Realizablep. 439
"The Black Community," Its Lawbreakers, and a Politics of Identificationp. 439
Racial Realismp. 445
Pragmatismp. 452
Prologue: Pragmatism, from Legal Realism to Postmodernismp. 455
Holmes and Legal Pragmatismp. 455
Pragmatism and Community: The Search for Consensusp. 462
The Founders' Unwritten Constitutionp. 462
The Bork Nomination and American Constitutional Historyp. 466
Super Liberal: Romance, Community, and Tradition in William J. Brennan, Jr.'s Constitutional Thoughtp. 468
In the Shadow of the Legislature: The Common Law in the Age of the New Public Lawp. 470
Pragmatism and the Rule of Law: The Search for Meaningp. 475
Reconsidering the Rule of Lawp. 475
The Jurisprudence of Skepticismp. 481
The Pursuit of Pragmatismp. 487
Pragmatism and Social Progress: The Search for Prophecyp. 492
"Just Do It": Pragmatism and Progressive Social Changep. 492
What Can You Expect from Anti-Foundationalist Philosophers?: A Reply to Lynn Bakerp. 497
Pragmatism - The Unfinished Revolution: Doctrinaire and Reflective Pragmatism in Rorty's Social Thoughtp. 500
Postmodernismp. 507
Postmodernism and Objectivity: The Demise of Methodp. 514
Understanding Postmodern Thought and Its Implications for Statutory Interpretationp. 514
Law's Pragmatism: Law as Practice and Narrativep. 519
Liberalism Doesn't Existp. 522
Culture and Certainty: Legal History and the Reconstructive Projectp. 525
Identity Crisis: The Politics of Interpretationp. 528
In Contextp. 530
Postmodernism and Subjectivity: The Demise of the Selfp. 534
The Problem of the Subjectp. 534
What's Left?p. 539
Identity Crisis: The Politics of Interpretationp. 543
Beyond the Privacy Principlep. 548
Postmodernism and Normativity: The Demise of Moral Persuasionp. 553
Rorty, Radicalism, Romanticism: The Politics of the Gazep. 553
Normativity and the Politics of Formp. 554
Contingency and Community in Normative Practicep. 561
Pragmatist and Poststructuralist Critical Legal Practicep. 566
Norms and Normal Science: Toward A Critique of Normativity in Legal Thoughtp. 570
Reconstructionsp. 575
Understanding Legal Understanding: The Legal Subject and the Problem of Legal Coherencep. 575
Violence and the Wordp. 581
The Word and the River: Pedagogy as Scholarship as Strugglep. 586
Breaking the Law: Lawyers and Clients in Struggles for Social Changep. 592
Table of Contents provided by Blackwell. All Rights Reserved.