Download this Paper Open PDF in Browser

On Law's Promise: Thinking About How We Think About Law's Limits

(2012) 57 Studies in Law, Politics & Society 201-246

43 Pages Posted: 10 Aug 2013  

Nicolette M. Priaulx

Cardiff University; Cardiff University - Cardiff Law School

Date Written: August 9, 2011

Abstract

If law’s foundational promise lies in the belief that it promotes the social good, then we need to reassess the limits of that promise. Exploring the often problematic translation of legal goods into social ones, the central claim is that the legal discipline has been limited by a ‘‘legal imperative’’ that manifests itself in an excessive focus upon law as a social tool and attitude of complacency in the face of law’s limits. Seeking to displace this approach, the author argues for an attitudinal shift that expresses honesty about limits, greater social inquisitiveness and care about law’s promise.

Keywords: law's limits, legal imperative, myopia, legal goods, social goods

JEL Classification: K20, K13, K14, K40, K20

Suggested Citation

Priaulx, Nicolette M., On Law's Promise: Thinking About How We Think About Law's Limits (August 9, 2011). (2012) 57 Studies in Law, Politics & Society 201-246. Available at SSRN: https://ssrn.com/abstract=2307936 or http://dx.doi.org/10.2139/ssrn.2307936

Nicolette M. Priaulx (Contact Author)

Cardiff University ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

Cardiff University - Cardiff Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

Paper statistics

Downloads
49
Abstract Views
205