Law as a Means to an End: Threat to the Rule of Law (Google eBook)
The contemporary U.S. legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
What people are saying - Write a review
We haven't found any reviews in the usual places.
action activities administrative American Bar asserted beneﬁt campaign cause litigation claim clients common law conﬁrmed conﬂict conservative corporate critical Democratic doctrine economic ends Ethics favor federal ﬁnal ﬁnd ﬁrst formalism formalist Horwitz ideal ideas identiﬁed ideological inﬂuence instrumental view interest groups interpretation issues judges judicial appointments Judicial Elections Judiciary Jurisprudence Justice Karl Llewellyn Lambda Legal law ﬁrms law professors law schools lawyers legal academics legal instrumentalism legal process Legal Realism legislation legislatures liberal lobbying lobbyists moral natural law nineteenth century non-instrumental views Ofﬁce ofﬁcials orientation political Posner Pound practice pragmatic President Press principles public choice theory public interest public interest litigation quoted Realists reason reﬂect reform Republican Robert Robert Bork role Roscoe Pound rule of law scientiﬁc signiﬁcant skepticism social society speciﬁc statutes supra supra Chap Supreme Court theory thought understanding view of law vote Warren Court York