Description
Book SynopsisDrawing upon legal history, legal theory, and legal sociology, this book presents an intellectual history of the US legal culture which elaborates on the various developments that have led to and structure the present worrisome legal-political situation.
Trade Review' … an excellent treatment of a substantively interesting phenomenon, with real world implications. it is written in a lively, lucid manner, filled with fascinating titbits of information about its subject matter … an outstanding treatment of an important scholarly question with profound normative implications for American society.' Law and Politics Review
' … at once a high-paced historical thriller and a clamorous critique of contemporary US legal culture … Tamanaha is an energetic travel companion. We should be grateful for his political sensitivity and his willingness to trawl through what he sees as a kind of Dante's Hell.' The Cambridge Law Journal
Table of ContentsIntroduction; Part I. The Spread of Legal Instrumentalism: 1. Non-instrumental views of law; 2. Changing society and common law in the nineteenth century; 3. Nineteenth century legislation and legal profession; 4. Instrumentalism of the legal realists; 5. Twentieth century Supreme Court instrumentalism; Part II. Contemporary Legal Instrumentalism: 6. Instrumentalism in legal academia in the 1970s; 7. Instrumentalism in theories of law; 8. Instrumentalism in the legal profession; 9. Instrumentalism of cause litigation; 10. Instrumentalism and the judiciary; 11. Instrumentalism in legislation and administration; Part III. Corroding the Rule of Law: 12. Collapse of higher law, deterioration of common good; 13. The threat to legality; Epilogue.
