Sunday, July 13, 2014

The Politics of Law: A Progressive Critique




I often note when reading the RA favorite books about the complexity and diversity of books that the students claim as their favorite, well today’s book is no different. It was not an easy read, but I feel like I have vastly improved my content knowledge in the area of law after finishing The Politics of Law: A Progressive Critique, edited by David Kairys.  Yes, it is a series of 24 short essays on all aspects of the law. The second edition was compiled in 1990, at the heart of the republican influence on the courts based on the many Reagan appointments to both the Supreme Court and the appellate courts.  The book is broken into three sections: the traditional courts and legal education; selected fields of law and finally progressive approaches to the law.  Ah, the Reagan era.  Certainly for any liberal-minded folks, you would appreciate the historical context and hopes and dreams of the authors for how the courts and our society should be thinking about things such as a different view on the work place, discrimination (affirmative action), and freedom of speech.  It was interesting to read a book that was placed in the time in which I was finishing my education and could hear my professors saying similar things, even at a Jesuit (Catholic) institution.  The most robust of the sections was the law being applied to real issues, using case law, to discuss how the conservative courts were interpreting issues that would certainly receive major societal focus in the next century, as yes it has!  Gay rights, affirmative action, antidiscrimination, welfare reform, free speech, and even immigrant rights.  Special focus was also given to the role of big business.  Ah, the timing was pretty right on with Enron and other big businesses bringing the downfall of the financial markets shortly after the book was published.  Crime, the constitution, and personal injury also were reviewed in the short essays.  For any and all pre-law students, this is a must read as it puts things in historical context in relation to how the courts have moved.  I really also enjoyed the chapter on “law school” much like One L (a former RA favorite book) the chapter is pretty honest about how, like a “fraternal” organization, one is built up and then “SLAM” brings you down to realize how “low on the totem pole” of learning one is.  Some of the chapters are pretty heavy reading, especially on the constitutional chapters, class, race, and sex chapters are a real pre-cursor to what we are experiencing with gay marriage movement and sex laws.  I have to admit, I enjoyed the context and departure from the non-fiction books I often read, but it has to be a “niche” you are interested in reading.

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