The Strange Career of Legal Liberalism

The Strange Career of Legal Liberalism PDF

Author: Laura Kalman

Publisher: Yale University Press

Published: 1998-08-11

Total Pages: 388

ISBN-13: 9780300076479

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Legal scholarship is in a state of crisis, Laura Kalman argues in this history of the most prestigious field in law studies: constitutional theory. Since the time of the New Deal, says Kalman, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal theories and arguments, turning to eighteenth-century republicanism--which stressed communal values and an active citizenry--to justify their goals. Kalman, a historian and a lawyer, suggests that reliance on history in legal thinking makes sense at a time when the Supreme Court repeatedly declares that it will protect only those liberties rooted in history and tradition. There are pitfalls in interdisciplinary argumentation, she cautions, for historians' reactions to this use of their work have been unenthusiastic and even hostile. Yet lawyers, law professors, and historians have cooperated in some recent Supreme Court cases, and Kalman concludes with a practical examination of the ways they can work together more effectively as social activists.

A Storied Wilderness

A Storied Wilderness PDF

Author: James W. Feldman

Publisher: University of Washington Press

Published: 2011-07-01

Total Pages: 350

ISBN-13: 0295802979

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The Apostle Islands are a solitary place of natural beauty, with red sandstone cliffs, secluded beaches, and a rich and unique forest surrounded by the cold, blue waters of Lake Superior. But this seemingly pristine wilderness has been shaped and reshaped by humans. The people who lived and worked in the Apostles built homes, cleared fields, and cut timber in the island forests. The consequences of human choices made more than a century ago can still be read in today’s wild landscapes. A Storied Wilderness traces the complex history of human interaction with the Apostle Islands. In the 1930s, resource extraction made it seem like the islands’ natural beauty had been lost forever. But as the island forests regenerated, the ways that people used and valued the islands changed - human and natural processes together led to the rewilding of the Apostles. In 1970, the Apostles were included in the national park system and ultimately designated as the Gaylord Nelson Wilderness. How should we understand and value wild places with human pasts? James Feldman argues convincingly that such places provide the opportunity to rethink the human place in nature. The Apostle Islands are an ideal setting for telling the national story of how we came to equate human activity with the loss of wilderness characteristics, when in reality all of our cherished wild places are the products of the complicated interactions between human and natural history. Watch the book trailer: https://www.youtube.com/watch?v=frECwkA6oHs