Rethinking Law
Rethinking Law by Amy Kapczynski, published by MIT Press on July 5, 2022, is a thought-provoking collection that features contributions from some of today’s leading legal thinkers. This 176-page volume examines how contemporary legal thought has often reinforced injustice rather than rectifying it. The essays delve into significant debates among legal scholars, moving beyond traditional constitutional jurisprudence to explore how progressive approaches may prioritize movement-centered, legislative, and institutional change over litigation.
Readers will find discussions on various pressing issues, including the relationship between constitutional law and economic inequality, the implications of the First Amendment in the digital age, and the pervasive nature of racial bias within legal frameworks. The contributors challenge the notion that courts should remain central to social justice discussions, instead advocating for a broader understanding of law’s role in fostering a just society. Rethinking Law invites readers to consider the complexities of legal enforcement and the necessary changes to achieve equity in the legal system.
Official synopsis Publisher
Some of today’s top legal thinkers consider the ways that legal thinking has bolstered—rather than corrected—injustice.
Bringing together some of today’s top legal thinkers, this volume reimagines law in the twenty-first century, zeroing in on the most vibrant debates among legal scholars today. Going beyond constitutional jurisprudence as conventionally understood, contributors show the ways in which legal thinking has bolstered rather than corrected injustice. If conservative approaches have been well served by court-centered change, contributors to Rethinking Law consider how progressive ones might rely on movement-centered, legislative, and institutional change. In other words, they believe that the problems we face today are vastly bigger than can be addressed by litigation. The courts still matter, of course, but they should be less central to questions about social justice.
Contributors describe how constitutional law supported a system of economic inequality; how we might rethink the First Amendment in the age of the internet; how deeply racial bias is embedded in our laws; and what kinds of changes are necessary. They ask which is more important: the laws or how they are enforced? Rethinking Law considers these questions with an eye toward a legal system that truly supports a just society.
Contributors include
Jedediah Purdy, David Grewal, Jamal Greene, Reva Siegel, Jocelyn Simonson, Aziz Rana
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