Abstract

http://ssrn.com/abstract=2439395
 


 



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

Abstract:     
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 Courts

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Date posted: May 22, 2014  

Suggested Citation

Tamanaha, Brian Z., The Progressive Struggle with Courts: A Problematic Asymmetry (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. Available at SSRN: http://ssrn.com/abstract=2439395

Contact Information

Brian Z. Tamanaha (Contact Author)
Washington University in Saint Louis - School of Law ( email )
Campus Box 1120
St. Louis, MO 63130
United States
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