Law Commons^™

Intrusive Law Reform, Katharine B. Silbaugh

Faculty Scholarship

Does law obstruct or facilitate the development of a democratic society? This is the subject of Mary Ann Glendon's recent book, A Nation Under Lawyers. It is also the subject of Anita Bernstein's Better Living Through Crime and Tort. Glendon takes the position that law obstructs, that "[p]remature and excessive resort to the courts... has been a disaster for the political health of the country."' Bernstein disagrees, saying that in many cases, law can facilitate democracy by encouraging citizens to educate themselves, engage in debate, and form communities.