For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Recenzijos
'In this strikingly provocative collection, an international group of some of the most interesting and original minds in the legal academy asks whether there is such a thing as 'contemporary legal thought', or only the shards and fragments of exhausted prior movements and systems. Some contributors see only the ruins; others, possibilities for making postmodern pastiches out of the fragments; still others point to wildflowers - prospects for novel approaches to understanding law that may someday crystallize into more general theories. The book is designed to disturb conventional views of law and legal theory; and it does so, with panache.' Robert W. Gordon, Stanford Law School, California 'This brilliantly conceived collection seeks to explore what is new and distinctive in contemporary legal thought. The authors draw out the complex relations between theory and practice, past and present, faith and suspicion, information and thought, fragmentation and creation, and critique and innovation that are at the heart of contemporary performances of legality. The result is an invitation to take seriously the question of what styles and practices of legal thought might be adequate to this time of crisis in the institutions of law.' Anne Orford, Melbourne Law School
Daugiau informacijos
What does 'think like a lawyer' mean in times of legal crisis? Thirty leading scholars discuss contemporary legal thought.
| Notes on Contributors |
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xi | |
| Acknowledgments |
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xvii | |
| Introduction: Searching for Contemporary Legal Thought: History, Image, and Structure |
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1 | (22) |
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PART I HISTORIES OF THE LEGAL CONTEMPORARY |
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1 Of Origin: Toward a History of Contemporary Legal Thought |
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23 | (20) |
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2 Who Are We?: Persona, Office, Suspicion, and Critique |
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43 | (18) |
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3 On the Hinges of History: For a Relational Legal Historiography |
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61 | (19) |
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4 Contemporary Legal Genealogies |
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80 | (19) |
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5 Legal Theory among the Ruins |
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99 | (15) |
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6 Institutional Conditions of Contemporary Legal Thought |
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114 | (23) |
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7 "Legal Theory," Strategies of Learned Production, and the Relatively Weak Autonomy of the Subfield of Learned Law |
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137 | (18) |
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8 Law and Language as Information Systems: Perish the Thought! |
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155 | (22) |
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9 Our Geological Contemporary |
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177 | (22) |
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PART II IMAGES OF THE LEGAL CONTEMPORARY? |
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10 International Law as "Global Governance" |
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199 | (20) |
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11 Recasting Labor Standards for the Contemporary: International versus Transnational Frameworks at the ILO |
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219 | (19) |
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12 An Effective and Affective History of Colonial Law |
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238 | (18) |
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13 A Cultural Reluctance to Rights |
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256 | (19) |
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275 | (15) |
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15 Registering Interests: Modern Methods of Valuing Labor, Land, and Life |
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290 | (22) |
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16 Market Anti-naturalisms |
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312 | (18) |
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17 Neoliberalism and the New International Economic Order: A History of "Contemporary Legal Thought" |
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330 | (18) |
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348 | (17) |
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PART III STRUCTURES OF THE LEGAL CONTEMPORARY |
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19 A Social Psychological Interpretation of the Hermeneutic of Suspicion in Contemporary American Legal Thought |
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365 | (21) |
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20 Office and Persona of the Critical Jurist: Peripheral Legal Thought (Australia) |
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386 | (20) |
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406 | (22) |
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22 The Knowledge Bubble: Something Amiss in Expertopia |
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428 | (26) |
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23 ADR and Some Thoughts on "the Social" in Contemporary Legal Thought |
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454 | (11) |
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24 Complexity and Reconstruction as Contemporary Legal Thought: Law-Conflict Interactions and Judicial Work |
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465 | (12) |
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25 Democratic Experimentalism |
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477 | (22) |
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499 | (18) |
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27 After the End of Legal Thought |
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517 | (16) |
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| Afterword: Contemporary Legal Thought As ... |
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533 | (18) |
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| Index |
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551 | |
Justin Desautels-Stein is Associate Professor of Law, University of Colorado. His published works have appeared in many well-respected journals, including Law and Contemporary Problems, International Theory, The American Journal of Legal History, and Law and Critique. He is the author of The Jurisprudence of Style: A Structuralist History of American Pragmatism and Liberal Legal Thought (Cambridge, 2018). Christopher Tomlins is Elizabeth J. Boalt Professor of Law, at the University of California, Berkeley. His books include Freedom, Bound: Law, Labor, and Civic Identity in Colonizing English America, 15801865 (2010); Law, Labor, and Ideology in the Early American Republic (1993); and The State and the Unions: Labor Relations, Law, and the Organized Labor Movement in America, 18801960 (1985). He has been awarded the Littleton-Griswold Prize of the American Historical Association, the Hurst Prize of the Law and Society Association (twice), the Reid Prize of the American Society for Legal History, and the Bancroft Prize of the Trustees of Columbia University.
