Abstract

http://ssrn.com/abstract=2277253
 


 



Bomb Throwing, Democratic Theory, and Basic Values - A New Path to Procedural Harmonization


Richard Marcus


University of California Hastings College of the Law

2013

107 Northwestern University Law Review 475
UC Hastings Research Paper No. 46

Abstract:     
From the beginning of his career, Marty Redish has been something of a bomb thrower, repeatedly challenging legal orthodoxy. During the last decade, democratic theory has been at the center of many of his challenges to widely accepted procedural rules. Meanwhile, American proceduralists are gradually waking up to the reality that the rest of the world handles procedure quite differently. Redish’s theoretical challenge to U.S. procedure - premised on political theory - therefore also corresponds to efforts to harmonize American procedure more closely with that of the rest of the world. But the United States remains stubbornly resistant to that harmonization, and even limited shifts in the direction Redish endorses excite very vigorous opposition. This Article recognizes the ways in which Redish’s democratic theory could lead to greater harmonization with the rest of the world, but contrasts several other political theory explanations for American exceptionalism that support retaining our current methods. It concludes by recognizing that this tension presents considerable challenges to American rulemakers.

Number of Pages in PDF File: 37

Accepted Paper Series





Download This Paper

Date posted: June 11, 2013  

Suggested Citation

Marcus, Richard, Bomb Throwing, Democratic Theory, and Basic Values - A New Path to Procedural Harmonization (2013). 107 Northwestern University Law Review 475; UC Hastings Research Paper No. 46. Available at SSRN: http://ssrn.com/abstract=2277253

Contact Information

Richard Marcus (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States
415-565-4829 (Phone)
415-565-4865 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 121
Downloads: 15

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.282 seconds