Twentieth-Century Legal Metaphors for Self and Society
Published in Looking Back at Law's Century, Austin Sarat, Bryant Garth & Robert A. Kagan, eds.
Contract was a powerful trope at the nineteenth century’s end, representing society as a dynamic field of competing and transacting wills. This paper traces the emergence of other legal metaphors for society in twentieth century American legal thought, social thought, and popular culture. The newer legal metaphors included interests, claims, process, institutions, and transactions. Taken together, these metaphors testified to a new experience of the self as a contingent performance enabled by an institutional medium or network.
Cornell University Press
Law & Literature, Law & Society, Legal History
Law | Law and Society | Legal History
Guyora Binder, Twentieth-Century Legal Metaphors for Self and Society in Looking Back at Law's Century 151 (Austin Sarat, Bryant Garth & Robert A. Kagan, eds., Cornell University Press 2002)