Twentieth-Century American Legal Theory
Listed in: Law, Jurisprudence, and Social Thought, as LJST-50
David P. Delaney (Section 01)
(Analytic Seminar) The discipline of legal theory has the task of making law meaningful to itself. But there is a variety of competing legal theories that can make law meaningful in divergent ways. By what measure are we to assess their adequacy? Is internal coherence the best standard or should legal theory strive to accord with the extra-legal world? Then too, the institutions and practices of law are components of social reality and, therefore, as amenable to sociological or cultural analysis as any other component. Here again, many different kinds of sense can be made of law depending upon how “the social” is itself theorized. This course engages the theme of law and the problems of social reality by way of a three-step approach. The first part of the course presents an overview of the main lines of twentieth-century American legal thought. We begin with a study of legal formalism and the challenges posed to it by legal realism and its various successor theories. One focus of debate between formalism and its rivals is how much social realism should be brought to bear on legal analysis. Another question is: what kind of social realism should be brought to bear on the analysis of law. The second segment of the course provides a survey of some of the candidates. These include the Law and Society Movement, neo-Marxism and Critical Legal Studies. In the final segment we look at how these theoretical issues are given expression in connection with more practical contexts such as poverty law, labor law or criminal law. Requisite: LJST 01 or 10 or consent of the instructor. Limited to 15 students. Fall semester. Senior Lecturer Delaney.