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Article10.5771/0250-6459-2014-3-4-288

Radicalism’s Legacy: American Legal History since 1998

Jessica K. Lowe-2014-01-01-Zeitschrift für Neuere Rechtsgeschichte
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TL;DRAbstract

This short essay, commissioned by the German legal history journal Zeitschrift fur Neuere Rechtsgeschichte, examines developments in American legal history since 1998. Framed around the legacy of Robert Gordon's Critical Legal Histories, it argues that developments in the field have primarily clustered around five types of inquiry -- legal pluralism, rights consciousness, racial identity, citizenship, and the state -- and that theoretical ideas developed by Gordon and his generation have continued to shape the field. It then examines the unintended pitfalls of the critical agenda, and speculates about new possibilities for the discipline -- and what its relevance might be to the next generation of American law students and law schools.

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This short essay, commissioned by the German legal history journal Zeitschrift fur Neuere Rechtsgeschichte, examines developments in American legal history since 1998. Framed around the legacy of Robert Gordon's Critical Legal Histories, it argues that developments in the field have primarily clustered around five types of inquiry -- legal pluralism, rights consciousness, racial identity, citizenship, and the state -- and that theoretical ideas developed by Gordon and his generation have continued to shape the field. It then examines the unintended pitfalls of the critical agenda, and speculates about new possibilities for the discipline -- and what its relevance might be to the next generation of American law students and law schools.

Keywords

Legal historyCitizenshipLawLegal realismLegal pluralismCritical race theoryCritical legal studiesPolitical science

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