By Jack M. Balkin, Sanford Levinson

ISBN-10: 0814798578

ISBN-13: 9780814798577

Every self-discipline has its canon: the set of ordinary texts, ways, examples, and tales during which it really is well-known and which its contributors many times invoke and hire. even if the final twenty-five years have visible the effect of interdisciplinary methods to criminal experiences extend, there was little fresh attention of what's and what should be canonical within the learn of legislation today.

Legal Canons brings jointly fifteen essays which search to map out the criminal canon and how within which legislation is taught at the present time. with a purpose to know the way the dual rules of canons and canonicity function in legislations, every one essay makes a speciality of a specific element, from contracts and constitutional legislation to questions of race and gender. The ascendance of legislations and economics, feminism, severe race idea, and homosexual criminal reviews, in addition to the expanding impression of either rational-actor method and postmodernism, are all scrutinized through the major students within the field.

A well timed and entire quantity, Legal Canons articulates the necessity for, and capacity to, beginning the talk on canonicity in felony studies.

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88 One can make a similar point about discrimination against gays and the disabled. 89 The use of African Americans as the canonical example of a racial group in legal thought has many other interesting and important effects. It tends to make discussions about race relations bipolar, even as the mul ticultural and multiracial status of the United States is becoming increas ingly obvious. Equally important, viewing African Americans as the canonical example of a racial group tends to make white racial identity invisible.

S. 254 (1964). 29. S. 211 (1919). Debs upheld a conviction on the ground that Debs’s 38 j. m. balkin and sanford levinson remarks implied that he approved of conscientious objection to the draft in vio lation of the Espionage Act of 1917. See id. at 216–17. Because of the fortuity that Oliver Wendell Holmes coined the clear and present danger test in the compan ion case of Schenck v. S. 47, 52 (1919), Schenck almost always has pride of place in casebooks, with Debs sometimes relegated to a footnote.

Clinging to these Warren Court and early Burger Court cases as canonical is “foundationalist” in a sense that left-liberals in the current academy might loudly disdain if the issue were posed in epistemological terms. In studying the constitutional canon sociologi cally, therefore, we might consider the curious relationship between the antifoundationalist pragmatist who asserts that all knowledge is revis able if good enough reasons can be provided and the constitutional the orist who demands that any theory of constitutional law must explain and justify Roe v.

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Legal Canons by Jack M. Balkin, Sanford Levinson


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