. . . and Law

Forthcoming in Justin Desautels-Stein and Christopher Tomlins (editors), In Search of Contemporary Legal Thought

University at Buffalo School of Law Legal Studies Research Paper. 2016-024

17 Pages Posted: 19 Jun 2016

Date Written: June 2016

Abstract

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability of law to dictate the terms of its use and so as evidence law’s subordination to other ways of understanding such phenomena. Such a possibility would dictate a different ordering of important words into “. . . and Law.” This paper attempts to examine the plausibility of the latter locution by examining some of the crucial bodies of knowledge and recurrent actions of putatively non-legal actors that led up to the no longer recent Great Recession.

Keywords: contemporary legal theory, law and society, the Great Recession, banking, finance

Suggested Citation

Schlegel, John Henry, . . . and Law (June 2016). Forthcoming in Justin Desautels-Stein and Christopher Tomlins (editors), In Search of Contemporary Legal Thought; University at Buffalo School of Law Legal Studies Research Paper. 2016-024. Available at SSRN: https://ssrn.com/abstract=2797398

John Henry Schlegel (Contact Author)

University at Buffalo Law School ( email )

528 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-2746 (Phone)

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