The critical legal studies movement : another time, a greater task / Roberto Mangabeira Unger.
2015
K230 .U54 2015 (Map It)
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Details
Title
The critical legal studies movement : another time, a greater task / Roberto Mangabeira Unger.
Published
London ; Brooklyn, NY : Verso, 2015.
Call Number
K230 .U54 2015
ISBN
9781781683392 (paperback)
1781683395 (paperback
9781781683408 (hardback)
1781683409 (hardcover
9781781686669 (ebk.)
1781683395 (paperback
9781781683408 (hardback)
1781683409 (hardcover
9781781686669 (ebk.)
Description
vii, 216 pages ; 21 cm
System Control No.
(OCoLC)893099413
Summary
"The civil rights and feminist movements of the sixties did not leave legal theory untouched. Over the following two decades, the critical legal studies movement--led by the Brazilian philosopher, social theorist and politician Roberto Unger--sought to transform traditional views of law and legal doctrine, revealing the hidden interests and class dominations in prevailing legal frameworks. It remains highly influential, having spawned more recent movements, including feminist legal studies and critical race theory. The Critical Legal Studies Movement develops its major ideas, showing how laws and legal discourse hide the social inequalities and political biases that so interest philosophy and revolutionary politics"-- Provided by publisher.
"Developing in the wake of the Civil Rights and feminist movements of the sixties, the critical legal studies movement--led by Roberto Unger--sought to transform traditional views of law, revealing the hidden interests and class dominations in prevailing legal frameworks. Its legacy endures in a range of newer movements, from feminist legal studies to critical race theory. The Critical Legal Studies Movement is an articulation of its main ideas, from the movement's leading figure"-- Provided by publisher.
"Developing in the wake of the Civil Rights and feminist movements of the sixties, the critical legal studies movement--led by Roberto Unger--sought to transform traditional views of law, revealing the hidden interests and class dominations in prevailing legal frameworks. Its legacy endures in a range of newer movements, from feminist legal studies to critical race theory. The Critical Legal Studies Movement is an articulation of its main ideas, from the movement's leading figure"-- Provided by publisher.
Note
Includes index.
Record Appears in
Table of Contents
pt. I
Another Time, A Greater Task (2014)
1.
The Context, the Movement, and the Book
3
The Context
3
The Movement and Its Sequel
24
The Book
42
2.
The Vocation of Legal Thought Now
47
The Two Vocations of Legal Thought
47
The Universal History of Legal Thought
53
The Genius of Contemporary Law
67
The Jurist as Priest and as Prophet
73
pt. II
The Critical Legal Studies Movement (1986)
3.
Introduction: The Tradition of Leftist Movements in Legal Thought and Practice
79
4.
The Criticism of Legal Thought
83
The Critique of Objectivism
83
The Critique of Formalism
86
The Critiques of Objectivism and Formalism Related: Their Significance for Current Legal Theories
90
5.
From Criticism to Construction
95
The Constructive Outcome of the Critique of Formalism: Deviationist Doctrine
95
The Constructive Outcome of the Critique of Objectivism: Redefining the Institutional Forms of Democracy and the Market
103
From a Social Ideal to an Institutional Program
107
Political and Cultural Revolution
107
Criticizing and Reinventing Democracy
109
The Organization of Government
114
The Organization of the Economy
115
The Regime of Rights
119
Transformative Ideals and Political Realism
124
6.
Two Models of Doctrine
127
From an Institutional Program to a Doctrinal Example: Equal Protection and Destabilization Rights
127
The Uses of Equal Protections
128
The Hidden Theory of Equal Protection
130
The American Doctrine of Equal Protection
134
Equal Protection Reconceived and Reconstructed
137
Authority and Realism in Doctrine
141
From an Institutional Program to a Doctrinal Example: Contract, Market, and Solidarity
143
Contract Theory Disintegrated
143
Principle and Counterprinciple: Freedom to Contract and Community
145
Principle and Counterprinciple: Freedom of Contract and Fairness
153
The Countervision Tested: Instances of Exemplary Difficulty
162
The Countervision Generalized: The Sources of Obligations and the Nature of Rights
168
The Countervision Extended and Restricted
170
The Countervision Justified
173
The Two Models Compared
176
7.
Underlying Conceptions and Broader Implications
179
Beyond Internal Development: Social Understanding and Normative Commitment
179
The Broader Implications
187
The Terms of Ideological Controversy
187
The Method of Political Philosophy
188
Freedom and Structure in Modernist Experience
192
The Agenda of Social Theory
195
8.
Another Politics
199
The Settings of Political Action
199
Reimagining Transformative Politics
204
Conclusion: The Lessons of Incongruity
209
Index
211