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. . . and Law?

Title

. . . and Law?

Files

Description

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

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.

Publication Date

2017

Publisher

Cambridge University Press

City

New York

ISBN

9781107150676

First Page

348

Last Page

362

Keywords

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

Disciplines

Finance | Law | Law and Society | Legal Theory

. . . and Law?

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