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Richard W. Bauman - Ideology and Community in the First Wave of Critical Legal Studies

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Richard W. Bauman Ideology and Community in the First Wave of Critical Legal Studies
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In Ideology and Community in the First Wave of Critical Legal Studies Richard W. Bauman presents a fresh, rigorous assessment of some of the key ideas developed by writers aligned with the early Critical Legal Studies movement. This book examines several major themes and arguments in the first decade of critical legal scholarship, predominantly in the U.S. in the period dating roughly from the mid-1970s to the mid-1980s.Heterogeneous and progressive, the Critical Legal Studies movement inspired a variety of leftist reexaminations and critiques of dominant liberal assumptions underlying the law and legal institutions. Bauman offers an exposition and assessment of the radical challenge to several central tenets of legal and political liberalism, including the values associated with individualism, moral skepticism, and state neutrality. He maintains that radical critics associated with early critical legal studies misapprehended many of the important assumptions and commitments of contemporary political liberalism and tended to misconstrue liberalism as relying on specific, deficient metaphysical underpinnings. Although the quest therefore, might have failed, the early Critical Legal Studies movement did succeed in sharpening discussions about the politics of law and legal interpretation and in providing a stimulus to other types of radical, contemporary critique.

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Critical Legal Studies


Critical Legal Studies
A Guide to the Literature

RichardW.Bauman

First published 1996 by Westview Press Inc Published 2021 by Routledge 605 - photo 1
First published 1996 by Westview Press, Inc.
Published 2021 by Routledge
605 Third Avenue, New York, NY 10017
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright 1996 by Taylor & Francis
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
A CIP catalog record for this book is available from the Library of Congress.
ISBN 13: 978-0-3670-1493-3 (hbk)
ISBN 13: 978-0-3671-6480-5 (pbk)
DOI: 10.4324/9780429044793
Contents
  1. 2 Introduction to Critical Legal Studies
  2. 3 The Special Role of Roberto Unger
  3. 4 History of the Conference on Critical Legal Studies
  4. 5 Symposia on Critical Legal Studies
  5. 6 Legal History
  6. 7 Legal Theory
  7. 8 The Legal Profession
  8. 9 Contract Law
  9. 10 Tort Law
  10. 11 Constitutional Law
  11. 12 Criminal Law and Criminology
  12. 13 Labor Law
  13. 14 Property Law
  14. 15 Domestic Relations Law
  15. 16 Environmental Law
  16. 17 Corporations Law
  17. 18 Commercial Law
  18. 19 Legal Education
  19. 20 International Law
  20. 21 Comparative Legal Studies
  21. 22 Feminism and Law
  22. 23 Critical Race Theory
  23. 24 Marxism and Law
  24. 25 Alternative Forms of Dispute Resolution
  25. 26 Legal Aid
  26. 27 The Welfare State
  27. 28 Social Theory
  28. 29 Economic Analysis of Law
  29. 30 Law, Narrative and Literature
  30. 31 Legal Scholarship
  31. 32 Critiques of Critical Legal Studies
  1. 2 Introduction to Critical Legal Studies
  2. 3 The Special Role of Roberto Unger
  3. 4 History of the Conference on Critical Legal Studies
  4. 5 Symposia on Critical Legal Studies
  5. 6 Legal History
  6. 7 Legal Theory
  7. 8 The Legal Profession
  8. 9 Contract Law
  9. 10 Tort Law
  10. 11 Constitutional Law
  11. 12 Criminal Law and Criminology
  12. 13 Labor Law
  13. 14 Property Law
  14. 15 Domestic Relations Law
  15. 16 Environmental Law
  16. 17 Corporations Law
  17. 18 Commercial Law
  18. 19 Legal Education
  19. 20 International Law
  20. 21 Comparative Legal Studies
  21. 22 Feminism and Law
  22. 23 Critical Race Theory
  23. 24 Marxism and Law
  24. 25 Alternative Forms of Dispute Resolution
  25. 26 Legal Aid
  26. 27 The Welfare State
  27. 28 Social Theory
  28. 29 Economic Analysis of Law
  29. 30 Law, Narrative and Literature
  30. 31 Legal Scholarship
  31. 32 Critiques of Critical Legal Studies
  1. x
  2. xi
Guide
Preface
Work on this guide began several years ago when I prepared a prototype of it for a class I was offering on critical legal theory. To help my students navigate their way through the mass of literature, in both legal and other types of periodicals, that has flourished in and around the critical legal studies movement, I arranged citations to some of the more salient sources (accompanied by brief notes) under convenient headings. I have retained the same format in this published version.
This guide is not meant to be exhaustively taxonomic, nor does it contain every possible item that might have been included. The structure I have adopted is largely arbitrary. The same themes and literature could have been organized differently. There are several things this guide does not accomplish. First, it does not pretend to define critical legal studies with any degree of specificity. The comments at the beginning of each section should be considered merely suggestive, rather than definitive. They are primarily descriptive and often derive from some, but not necessarily all, of the published work listed under the relevant heading. There is little attempt to evaluate the contributions of any particular authors or of the movement as a whole. Although some writers are mentioned in the text of the remarks, this does not mean that the work of other writers not mentioned is in some way inferior or secondary.
Users of this bibliography should also be cautioned that the suggested themes or views are not necessarily consistent with every published piece of work that could justifiably be called radical critique. The descriptive contents of this bibliography are intended merely to help the inquisitive reader on first acquaintance with contemporary critical analysis of the law. That reader must sample and wrestle with the readings themselves before reaching an independent perspective about any particular values, arguments or insights that mark the movement. Third, there is nothing official about this guide. Considered as a whole, the contents of this guide should confound any idea that critical legal studies, which is nothing if not polyphonal, is unified by any narrow program or particular set of presuppositions. It would be a travesty to reduce it to a school of settled legal thinking.
The Conference on Critical Legal Studies functions without many of the formal trappings of other organizations. Members of the Conference might understandably quarrel with the choice of literature contained in the bibliographical parts of this guide and with the comments that begin each section. Some of the authors cited here may indeed be surprised that their names can be associated with critical legal studies. Therefore, another caveat is in order. When a piece has been chosen for citation in this guide, the main criterion is not that the author has subscribed to the Conference on Critical Legal Studies, but that the work in some fundamental sense provides a critique of established legal doctrine or legal theory. Moreover, if it is not necessarily radical, at least it it takes up, or is influenced by, problems or ideas that preoccupy critical legal studies. In addition, there are items included here that avowedly criticize the approach that critical legal writing has adopted. I have aimed at providing a rounded, comprehensive guide that directs the reader to areas of friction as well as agreement.
Readers seeking directions toward relevant literature should keep in mind that I have generally avoided repeated citations of work which cuts across several different headings. Certain pieces, such as Duncan Kennedy's work on the evolution of forms of legal consciousness, is so stimulating that it deserves consultation in regard to a myriad of possible topics. The same could be said of other critical legal scholars, including Roberto Unger, Mark Tushnet, and Robert Gordon, to name a few of the formative figures in the movment. Consequently, this guide will prove most useful to the researcher who, while eager to range freely throughout the sources listed, is alert to the chance that a theoretical piece under one heading can throw light on a doctrinal issue included under a different heading. Of course, I expect that, by attempting to bring this literature together, the results will present an irresistible target for deconstruction or for an analysis,
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