Looking Back at Law's Century

by Sarat, Austin

• ISBN13: 9780801439575
• ISBN10: 0801439574
• Format: Hardcover
• Copyright: 2002-06-01
• Publisher: Cornell Univ Pr

Summary

This book describes a century of tremendous legal change, of inspiring legal developments, and profound failures. The twentieth century took the United States from the Progressive Era's optimism about law and social engineering to current concerns about a hyperlegalistic society, from philosophical idealism to the implementation of democracy, the rule of law, and the idea of human rights throughout the world. At the same time, law maintained its status as the key language of governance in the United States, the most "legal" of all countries, which has succeeded in making its version of the state a point of reference around the globe.

Table of Contents

Acknowledgments	vii
Contributors	ix
Introductory Essay
Facilitating and Domesticating Change: Democracy Capitalism, and Law's Double Role in the Twentieth Century	1	(34)
Robert A. Kagan
Bryant Garth
Austin Sarat
I. CITIZENSHIP, RIGHTS, AND POLITICS
The Idea of Political Freedom	35	(23)
Owen Fiss
Instituting Universal Human Rights Law: The Invention of Tradition in the Twentieth Century	58	(20)
Martha Minow
Racial Justice: Moral or Political	78	(31)
Kendall Thomas
II. LAW AND THE CONSTITUTION OF SELVES AND SOCIETY
Visions of Self-Control: Fashioning a Liberal Approach to Crime and Punishment in the Twentieth Century	109	(42)
Jonathan Simon
Twentieth-Century Legal Metaphors for Self and Society	151	(33)
Guyora Binder
Citizenship, Agency, and the Dream of Time	184	(29)
Carol J. Greenhouse
III. REGULATORY PROCESSES IN SOCIETY AND ECONOMY
The Rhetoric of Community: Civil Society and the Legal Order	213	(19)
Marianne Constable
Law and the Corporation	232	(17)
Morton Keller
The Legal Origins o f the Modern American State	249	(38)
William J. Novak
IV. LAW, LAWYERS AND THE MARKETING OF LAW
The Legal Profession	287	(50)
Robert W. Gordon
Professing Law: Elite Law School Professors in the Twentieth Century	337	(49)
Laura Kalman
The Twentieth-Century Discipline o f International Law in the United States	386	(49)
David Kennedy
Index	435