The Progressive Struggle with Courts: A Problematic Asymmetry
Brian Z. Tamanaha
Washington University in Saint Louis - School of Law
May 1, 2014
The Progressives’ Century, edited by Stephen Skowronek, Stephen Engel, and Bruce Ackerman (Yale University Press) (Forthcoming)
Washington University in St. Louis Legal Studies Research Paper No. 14-05-06
In a century-long battle revolving around courts, conservatives are defenders of the rule of law, while progressives are the champions of justice. This has created an asymmetry, with conservatives occupying the high rhetorical ground and progressives struggling to square their position with the judicial duty to apply the law. This essay explores why progressives find themselves hooked on this asymmetry and what they might do to extricate themselves from it.
Number of Pages in PDF File: 26
Keywords: Jurisprudence, Legal History, Law and Society, Law and CourtsAccepted Paper Series
Date posted: May 22, 2014
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