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8 - Liberal Legalism Is Dead; Long Live Liberal Legalism

from Part III - Pragmatic Liberalism

Published online by Cambridge University Press:  22 February 2018

Justin Desautels-Stein
Justin Desautels-Stein
Affiliation:
University of Colorado Boulder
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Summary

This chapter introduces the pragmatic style of liberal legal thought. It does so first through a discussion of two theories of legal pragmatism, that popularized by William Simon and Charles Sabel, and another developed by Richard Posner. The discussion then explores the argumentative practice of pragmatic liberalism through a review of three cases: Southern Burlington County NAACP v Township of Mount Laurel (1975), F Hoffman La Roche v Empagran (2004), Citizens United v FEC (2010).
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The Jurisprudence of Style
A Structuralist History of American Pragmatism and Liberal Legal Thought
 , pp. 239 - 261
Publisher: Cambridge University Press
Print publication year: 2018

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