Patricia Williams is a lawyer and a professor of commercial law, the great-great-granddaughter of a slave and a white southern lawyer. The Alchemy of Race and Rights is an eloquent autobiographical essay in which the author reflects on the intersection of race, gender, and class. Using the tools of critical literary and legal theory, she sets out her views of contemporary popular culture and current events, from Howard Beach to homelessness, from Tawana Brawley to the law-school classroom, from civil rights to Oprah Winfrey, from Bernhard Goetz to Mary Beth Whitehead. She also traces the workings of “ordinary racism”—everyday occurrences, casual, unintended, banal perhaps, but mortifying. Taking up the metaphor of alchemy, Williams casts the law as a mythological text in which the powers of commerce and the Constitution, wealth and poverty, sanity and insanity, wage war across complex and overlapping boundaries of discourse. In deliberately transgressing such boundaries, she pursues a path toward racial justice that is, ultimately, transformative.
Williams gets to the roots of racism not by finger-pointing but by much gentler methods. Her book is full of anecdote and witness, vivid characters known and observed, trenchant analysis of the law’s shortcomings. Only by such an inquiry and such patient phenomenology can we understand racism. The book is deeply moving and not so, finally, just because racism is wrong—we all know that. What we don’t know is how to unthink the process that allows racism to persist. This Williams enables us to see. The result is a testament of considerable beauty, a triumph of moral tactfulness. The result, as the title suggests, is magic.
A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology.
At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism.
Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.
Until now there has been no summary or overview of the wide range of work contributing to critical legal studies, the movement that has aroused such a furor in the communities of law and political philosophy. This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.
A good deal of the writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Now Mark Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.
There are three central contradictions in liberal thought: between a commitment to mechanically applicable rules and to standards that fluctuate with situations; between intrinsic individual values and the objective knowledge of ethical truths; and between free will and determinism. Kelman shows us the pervasiveness of these contradictions in legal doctrine; their connection to broader political theory and to visions of human nature; and, finally, the degree to which mainstream thought tends to privilege certain of these commitments over others.
The author also analyzes two of the most significant components of jurisprudence today the law and economics discipline and the legal process school. He concludes with a lively discussion of the role of law generally and of “cognitive legitimation,” or the ways in which legal thought can make the unnecessary, the contingent, and the unjust seem natural, inevitable, and fair.
Brown and Halley have assembled essays from diverse contributors—law professors, philosophers, political theorists, and literary critics—united chiefly by their willingness to think critically from the left about left legal projects. The essays themselves vary by topic, by theoretical approach, and by conclusion. While some contributors attempt to rework particular left legal projects, others insist upon abandoning or replacing those projects. Still others leave open the question of what is to be done as they devote their critical attention to understanding what we are doing. Above all, Left Legalism/Left Critique is a rare contemporary argument and model for the intellectually exhilarating and politically enriching dimensions of left critique—dimensions that persist even, and perhaps especially, when critique is unsure of the intellectual and political possibilities it may produce.
Contributors: Lauren Berlant, Wendy Brown, Judith Butler, Drucilla Cornell, Richard T. Ford, Katherine M. Franke, Janet Halley, Mark Kelman, David Kennedy, Duncan Kennedy, Gillian Lester, Michael Warner
Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice.
Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution.
This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
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