Cover: Overcoming Law in PAPERBACK

Overcoming Law

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Product Details


$35.00 • £28.95 • €31.50

ISBN 9780674649262

Publication Date: 10/01/1996


608 pages

6-1/8 x 9-1/4 inches


  • Preface
  • Introduction: Pragmatism, Economics, Liberalism
  • Part I: The Profession
    • 1. The Material Basis of Jurisprudence
    • 2. The Triumphs and Travails of Legal Scholarship
    • 3. What Do Judges Maximize?
    • 4. The Profession in Crisis: Germany and Britain
  • Part II: Constitutional Theory
    • 5. Legal Reasoning from the Top Down and from the Bottom Up
    • 6. Have We Constitutional Theory?
    • 7. Legal Positivism without Positive Law
    • 8. What Am I? A Potted Plant?
    • 9. Bork and Beethoven
  • Part III: Variety and Ideology in Legal Theory
    • 10. The First Neoconservative
    • 11. The Left-Wing History of American Legal Thought
    • 12. Pragmatic or Utopian?
    • 13. Hegel and Employment at Will
    • 14. Postmodern Medieval Iceland
  • Part IV: Of Gender and Race
    • 15. Ms. Aristotle
    • 16. Biology, Economics, and the Radical Feminist Critique of Sex and Reason
    • 17. Obsessed with Pornography
    • 18. Nuance, Narrative, and Empathy in Critical Race Theory
  • Part V: Philosophical and Economic Perspectives
    • 19. So What Has Pragmatism to Offer Law?
    • 20. Ronald Coase and Methodology
    • 21. The New Institutional Economics Meets Law and Economics
    • 22. What Are Philosophers Good For?
  • Part VI: At the Frontier
    • 23. Law and Literature Revisited
    • 24. Rhetoric, Legal Advocacy, and Legal Reasoning
    • 25. The Legal Protection of the Face We Present to the World
    • 26. Economics and the Social Construction of Homosexuality
  • Credits
  • Index

Awards & Accolades

  • A 1995 New York Times Book Review Editors’ Choice
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