Cover

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Frontmatter

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Contents

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p. vii

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Editorial Introduction

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pp. 1-13

Legal scholarship, and law itself, is undergoing one of those occasional periods of rupture in which traditional assumptions no longer seem adequate or satisfactory. Law is said to be "turning outward" in search of new grounding;1 legal scholarship seems to be undergoing a rapid "rotation"2 in which attempts are made to accommodate the contradictory and conflicting challenges of deontological liberalism, natural law, pragmatism, interpretive social science, economics, and several varieties of critical social theory.3

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Partial Justice: Law and Minorities

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pp. 15-77

I was surprised and delighted to be asked to speak on the topic "The Fate of Law."l 1 was surprised, because this strikes me as a tall person's topic, a topic for someone who can survey the entire world of law and comment on its overall development. To discuss "The Fate of Law" is an invitation to make statements that cast shadows. My work tends to look at the margins and corners, especially at people such as women, children, and persons with disabilities. I am interested in people who have not been the central subjects of theories of law, people who have lived in law's shadows.

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The Postmodern Transition: Law and Politics

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pp. 79-118

Historians will probably describe the twentieth century as an unhappy century. Reared by its androgynous parent, the nineteenth century, to become a wonder child, it soon revealed itself as a fragile and sickly child. When it was fourteen years old, it fell seriously ill with a disease that, like the tuberculosis or the syphilis of the period, took a long time to be treated and, indeed, was never completely cured. So much so that when it was thirty-nine years of age, it relapsed into an even more serious illness that was to prevent it from enjoying life with the full energy that usually comes with middle age.

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Disciplines, Subjectivity, and Law

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pp. 119-157

Professor Sarat has asked that I address this question: Given the modern and postmodern disillusionment with reason, how should we criticize or evaluate a law? How should we go about criticizing law, if not by reference to general principles derived from reason? What does it mean, given the "death of reason," to ask whether a particular law-say, a statute outlawing "surrogacy contracts," or a judicial decision requiring the busing of schoolchildren to achieve integrated schools, or a law criminalizing ...

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The Law Wishes to Have a Formal Existence

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pp. 159-208

The law wishes to have a formal existence. That means, first of all, that the law does not wish to be absorbed by, or declared subordinate to, some other-nonlegal-structure of concern; the law wishes, in a word, to be distinct, not something else. And second, the law wishes in its distinctness to be perspicuous; that is, it desires that the components of its autonomous existence be self-declaring and not be in need of piecing out by some supplementary discourse; ...

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A Journey Through Forgetting: Toward a Jurisprudence of Violence

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pp. 209-273

Leviathan, a sea monster symbolizing evil in the Old Testament and in Christian literature generally,1 was the figure famously chosen by Thomas Hobbes to symbolize the State. Still under Hobbes's influence, we might today-perhaps in a fitful, nightmarish sleep---conjure up similar images of law as a frightening, bloodthirsty beast, but with this difference: the modern Leviathan would be as intent on concealing its bloodletting activities, ...

Contributors

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p. 275

Index

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pp. 277-290