[analphilosopher] Keith Burgess-Jackson: Mark Tushnet on Liberal Legal Theory

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Posted by Keith Burgess-Jackson:
Mark Tushnet on Liberal Legal Theory
http://www.analphilosopher.com/posts/1146699102.shtml


   The conservative resurgence in the United States has left liberal
   legal theorists somewhat at sea. They have not located social
   movements like the civil rights movement or the anti-Vietnam War
   movement to provide them external social supports. Their theorizing,
   such as it is, consists mostly of nostalgia for a past--in public law,
   for the Supreme Court under Earl Warren--and romanticism about
   developments in other nations, such as South Africa and the
   international human rights community. These are, in my view, unlikely
   to generate much of enduring value.

   (Mark Tushnet, "Survey Article: Critical Legal Theory (Without
   Modifiers) in the United States," The Journal of Political Philosophy
   13 [March 2005]: 99-112, at 111 [footnote omitted])