| Description |
1 online resource (505 pages) |
| Series |
New perspectives on law, culture, & society
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| Contents |
Cover; Half Title; Title; Copyright; Contents; Introduction and Acknowledgments; Part I Constraints and Challenges; 1 Legal Complexity: Some Causes, Consequences, and Cures; Introduction; I. The Growth in Legal Complexity; II. The Problematics of Legal Complexity; III. The Political Economy of Legal Complexity; IV. The Limits of Legal Complexity; V. Toward Legal Simplification: A Strategy for Reform; VI. Conclusion; Notes; 2 Multi-Culturalism Redux: Science, Law, and Politics; I. Two Case Studies; II. The Competing Cultures; III. Looking Ahead; IV. Conclusion; Notes |
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3 Some Reflections on the Federalism DebateIntroduction; I. The Pervasiveness of Devolution; II. The Global Character of Devolution; III. Diversity and Devolution; IV. Technological Change; V. The Cognitive Demands of Devolution; Conclusion; Notes; Part II Institutions and Processes; 4 The Politics of Regulation; I. Economic Regulation; II. Social Regulation; III. Wilson's Theory of Regulatory Politics; IV. The Courts and Regulation; V. The Zeitgeist and Regulation; Notes |
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5 When the Exception Becomes the Rule: Regulatory Equity and the Formulation of Energy Policy Through an Exceptions ProcessI. Regulation and Equity; IV. Conclusion; Notes; 6 Law arid Post-Privatization Regulatory Reform: Perspectives from the U.S. Experience; I. The Pro-Market Presumption; II. Improving the Effectiveness of Regulation; III. Extra-Regulatory Institutions and Processes; Conclusion; Notes; References; 7 Against (and for) Madison: An Essay in Praise of Factions; I. Constitutional Protection and Ideological Demonization; II. The Claims Underlying the Critique of Special Interests |
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III. A Qualified Defense of FactionsIV. Remedies; Notes; 8 Delegation and Democracy: Comments on David Schoenbrod; I. The Problem; II. The Goals; III. The Constraints; IV. The Consequences of the Nondelegation Doctrine; Notes; 9 To the Chevron Station: An Empirical Study of Federal Administrative Law; I. Introduction; II. Objectives and Study Design; IV. Summary of Principal Findings; V. Conclusion; Notes; 10 The Thickest Thicket: Partisan Gerrymandering and Judicial Regulation of Politics; I. The Bandemer Decision; II. The Arguments Against Partisan Gerrymandering |
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III. The Siren's Song of Proportional RepresentationIV. The Court and the Perils of Political Success; Conclusion; Notes; 11 Mass Torts: An Institutional Evolutionist Perspective; Introduction; I. Building a System; II. Common-Law Process; III. Selection; Conclusion; Notes; 12 Public Law Litigation and Social Reform; I. Introduction; II. Rebellious Lawyering; III. The Hollow Hope; IV. Conclusion; Notes; Part III Mapping the Limits of Law; 13 The Limits of Law; I. Critiques of Law; II. Law's Competitors; III. General Principles and Specific Applications; IV. Conclusion; Notes; Index |
| Summary |
Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to laws effectiveness are also growing. In The Limits of Law, Yale law professor Peter H. Schuck draws on law, social science, and history to explore this momentous clash between laws compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must worklaws own complexity, the cultural chasms it must bridge, and the social diversity it must accommodateand proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects the anatomy of purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. On adjudication, Schuck analyzes the courts efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about laws limits and possibilities for improving democratic governance |
| Notes |
Print version record |
| Subject |
Sociological jurisprudence.
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Law -- Political aspects.
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Law -- United States.
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Law
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Law -- Political aspects
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Sociological jurisprudence
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Demokratie
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Politisches System
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Recht
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Rechtsfilosofie.
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Sociologie juridique -- Etats-Unis.
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Droit et politique.
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Droit -- Etats-Unis.
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United States
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| Form |
Electronic book
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| ISBN |
9780429978814 |
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0429978812 |
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