Legality and Democracy : Contested Affinities (Hardcover)

Contents: Series preface; Introduction. Rights, Legality and democracy: Rights: legal aspects, Michael McCann and Stuart Scheingold Classical Legality: Keeping Law Safe from Politics: Revisiting Fuller's critique of Hart-managerial control and the pathology of legal systems: the Hart-Weber nexus, James C. Ketchen; The forms and limits of adjudication, Lon L. Fuller; Sociology and natural law, Philip Selznick. Reconsidering the Classical Canon: Coping with Inequality: Why the 'haves' have come out ahead: speculations on the limits of legal change, Marc Galanter; Controlling official behavior in welfare administration, Joel Handler; The war on poverty: a civilian perspective, Edger S. Cahn and Jean C. Cahn; Public interest liberalism and the modern regulatory state, Michael W. McCann; Constitutional rights and social change: civil rights in perspective, Stuart A. Scheingold. The Case Against 'Adversarial Legalism': Reaffirming the Classical Canon: The passive virtues, Alexander M. Bickel; Decreeing organizational change; judicial supervision of public institutions, Donald L. Horowitz; Adversarial legalism and American government, Robert Kagan. In Defence of Politicization: 'Adversarial Legalism' Reconsidered: The passive-aggressive virtues: Cohens v. Virginia and the problematic establishment of judicial power, Mark Graber; The role of the judge in public law litigation, Abram Chayes; The prison conditions cases and the bureaucratization of American corrections: influences, impacts and implications, Malcolm M. Feeley and Van Swearingen; Legal mobilization and the politics of reform: lessons from school finance litigation in Kentucky, 1984-1995, Michael Paris; 25 years after Rodriguez: school finance litigation and the impact of the new judicial federalism, Douglas Reed. Legality, Equality and Democracy: Adversarial legalism: the American way of law, David Nelken; Index.