Law, Justice, and Miscommunications

Amid the current economic and social gloom, and with a Presidential election on the horizon, we find ourselves faced with a veritable plethora of proposals as to how the law should be reformed, or the Constitution interpreted, in order to improve the lot of both citizens and corporations. The essays in this book take a step back, and question the assumptions on which many of these proposals are based. One doubts the very notion of "political morality" which is suffused throughout current legal and political discourse. A second argues that attempts at law reform often fail because we too easily underestimate the essential differences between the legal system on the one hand, and politics and morality on the other. Another shows how such misguided proposals can produce a law which fails every conceivable test of justice. A fourth argues that, in any event, private law-making is often far more powerful than that which takes place in legislatures; while another contributor argues that...