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In this book, Paul Campos argues that the American worship of law and legality can at times become so pathological that it comes to resemble a type of legal madness, or Jurismania. Campos offers an intensely critical look at the role of law and legal reason in American society, and concludes that much of what is called the rule of law resembles a culturally sanctioned form of obsessive-compulsive behaviour.
A fundamental critique of American law and legal thought, Against
the Law consists of a series of essays written from three different
perspectives that coalesce into a deep criticism of contemporary
legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith
challenge the conventional representations of the legal system that
are articulated and defended by American legal scholars.
Unorthodox, irreverent, and provocative, Against the Law
demonstrates that for many in the legal community, law has become a
kind of substitute religion-an essentially idolatrous practice
composed of systematic self-misrepresentation and self-deception.
Linked by a persistent inquiry into the nature and identity of "the
law," these essays are informed by the conviction that the
conventional representations of law, both in law schools and the
courts, cannot be taken at face value-that the law, as commonly
conceived, makes no sense. The authors argue that the relentlessly
normative prescriptions of American legal thinkers are frequently
futile and, indeed, often pernicious. They also argue that the
failure to recognize the role that authorship must play in the
production of legal thought plagues both the teaching and the
practice of American law. Ranging from the institutional to the
psychological and metaphysical deficiencies of the American legal
system, the depth of criticism offered by Against the Law is
unprecedented. In a departure from the nearly universal
legitimating and reformist tendencies of American legal thought,
this book will be of interest not only to the legal academics under
attack in the book, but also to sociologists, historians, and
social theorists. More particularly, it will engage all the
American lawyers who suspect that there is something very wrong
with the nature and direction of their profession, law students who
anticipate becoming part of that profession, and those readers
concerned with the status of the American legal system.
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