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The Strange Career of Legal Liberalism (Paperback, New edition)
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The Strange Career of Legal Liberalism (Paperback, New edition)
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Legal scholarship is in a state of crisis, Laura Kalman argues in
this history of the most prestigious field in law studies:
constitutional theory. Since the time of the New Deal, says Kalman,
most law scholars have identified themselves as liberals who
believe in the power of the Supreme Court to effect progressive
social change. In recent years, however, new political and
interdisciplinary perspectives have undermined the tenets of legal
liberalism, and liberal law professors have enlisted other
disciplines in the attempt to legitimize their beliefs. Such
prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and
Frank Michelman have incorporated the work of historians into their
legal theories and arguments, turning to eighteenth-century
republicanism-which stressed communal values and an active
citizenry-to justify their goals. Kalman, a historian and a lawyer,
suggests that reliance on history in legal thinking makes sense at
a time when the Supreme Court repeatedly declares that it will
protect only those liberties rooted in history and tradition. There
are pitfalls in interdisciplinary argumentation, she cautions, for
historians' reactions to this use of their work have been
unenthusiastic and even hostile. Yet lawyers, law professors, and
historians have cooperated in some recent Supreme Court cases, and
Kalman concludes with a practical examination of the ways they can
work together more effectively as social activists.
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