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Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.
Aristotle, on rule of law. --- Bingham, Joseph. --- Blackmun, Harry. --- Brest, Paul. --- Brosnan, Donald. --- Cardozo, Benjamin. --- Constant, Benjamin. --- Edgerton, Robert. --- Ewald, William. --- Foucault, Michel. --- Frank, Jerome. --- Freeman, Alan. --- Greenawalt, Kent. --- Harries, Karsten. --- Herzog, Don. --- Humboldt, Wilhelm von. --- Hunt, Alan. --- Kierkegaard, Soren. --- Kirchheimer, Otto. --- Marxism. --- Nietzsche, Friedrich. --- abortion. --- altruism. --- anti-Semitism. --- antinomianism. --- community. --- deconstructionism. --- due process. --- duty to aid a stranger. --- epistemological neutrality. --- equal protection doctrine. --- equality under law. --- fair notice. --- fetishism. --- functionalism. --- individualism. --- informalism. --- iron law of oligarchy. --- law-and-society movement. --- legal accountability. --- legal formalism. --- legal realism. --- moral truth. --- nation-state. --- order, problem of. --- plain meaning, theory of. --- political neutrality. --- radical indeterminacy. --- reflective equilibrium. --- rule conception of society. --- rule of recognition.
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