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9780801439575

Looking Back at Law's Century

by
  • ISBN13:

    9780801439575

  • ISBN10:

    0801439574

  • Format: Hardcover
  • Copyright: 2002-06-01
  • Publisher: Cornell Univ Pr

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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

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