In Law's Interior, Kevin M. Crotty draws on several important
literary works to offer a new model of the relation between
citizens and their laws, one that emphasizes the power of law to
shape citizens and to foster -- or discourage -- their autonomy.
Crotty maintains that citizens are "inside" the law -- they are the
law's interior. Literature, he finds, can be relevant to law by
emphasizing the connections between law and the world around it --
a stance that corrects the tendency of legal theory to treat law as
a separate, autonomous entity.
The texts Crotty examines -- Aeschylus' Oresteia, St.
Augustine's Confessions, and the poetry of Wallace Stevens --
question the rationalist optimism that Crotty regards as distorting
much recent theorizing about law. Further, he asserts that the
inability of courts to state clearly the principles animating their
decisions demonstrates the stranglehold the positivist model has on
us and our legal imaginations.
Crotty sketches a model of the relation between citizens and
laws that supplements the more familiar idea of law as something
deliberated and enacted by rational, inherently autonomous
citizens. The most important legal decisions of the past fifty
years, Crotty says, rest on the perception that the state, far from
merely respecting the "innate" autonomy of its citizens, actively
shapes that autonomy. Law's Interior should contribute to a better
understanding of the real principles underlying some landmark
decisions by the Supreme Court.
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