Law as a Means to an End: Threat to the Rule of LawThe contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law. |
Contents
| 11 | |
Section 2 | 24 |
Section 3 | 41 |
Section 4 | 60 |
Section 5 | 77 |
Section 6 | 101 |
Section 7 | 118 |
Section 8 | 133 |
Section 9 | 156 |
Section 10 | 172 |
Section 11 | 190 |
Section 12 | 215 |
Section 13 | 227 |
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Common terms and phrases
achieve action activities administrative agenda American Bar asserted campaign cause litigation claim clients common law conservative corporate critical Democratic doctrine economic ends Ethics favor federal formalism formalist Holmes ideal ideas ideological instrumental view interest groups interpretation issues judges judicial activism judicial appointments judicial decisions Judicial Elections judiciary Jurisprudence Justice Karl Llewellyn Lambda Legal law firms law professors law schools lawyers legal academics legal elite legal instrumentalism legal process Legal Realism Legal Realists legal rules legal system legislation legislatures liberal lobbying lobbyists moral natural law nineteenth century non-instrumental views objective officials orientation political Posner Pound practice pragmatic President Press principles public choice theory public interest litigation purposes quoted reason reform Republican Robert Bork role Roscoe Pound rule of law scientific skepticism social society statutes supra supra Chap Supreme Court theory thought understanding view of law vote Warren Court York