NDLI: History in the American Juridical Field: Narrative, Justification, and Explanation

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History in the American Juridical Field: Narrative, Justification, and Explanation

Content Provider	Semantic Scholar
Author	Tomlins, Christopher L.
Copyright Year	2004
Abstract	Law in the contemporary United States has achieved unchallenged ascendancy as the principal arena and discourse for decisionmaking in social and political affairs. Law's capacity to dominate in such decisionmaking is largely dependent on popular confidence in the legitimacy and efficacy of the rules it produces. Legitimacy is in turn grounded upon the repeated invocation over time of foundational values associated with the juridical form: law's objectivity in application (no one is above the law), universality in implementation (one law for all), and neutrality in outcome (the law does not take sides). Together, these values compose what I shall call law's meta-character-the normative idealization of the workings of law in society that emanates from "the world of the law." As resort to law proliferates, however, actual "legalities"-the legal conditions of social life-are produced not through the elaboration of holistic jurisdictional narratives, but from competitive struggles, adversarial or bureaucratic, to achieve specific, instrumental outcomes. Individuals, agencies, interest groups and social movements (including legal professionals themselves) make particular, self-serving investments in law. The availability of law for widespread use furnishes a practical quotidian basis for law's social efficacy, but use itself is indifferent to, and
Starting Page	323
Ending Page	323
Page Count	1
File Format	PDF HTM / HTML
Volume Number	16
Alternate Webpage(s)	https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1290&context=yjlh&httpsredir=1&referer=
Alternate Webpage(s)	https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3327&context=facpubs
Alternate Webpage(s)	http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3327&context=facpubs
Alternate Webpage(s)	http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1290&context=yjlh
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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