The Progressive Struggle with Courts: A Problematic Asymmetry

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

26 Pages Posted: 22 May 2014  

Brian Z. Tamanaha

Washington University in St. Louis - School of Law

Date Written: May 1, 2014

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.

Keywords: Jurisprudence, Legal History, Law and Society, Law and Courts

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: https://ssrn.com/abstract=2439395

Brian Z. Tamanaha (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

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