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Series

Columbia Law School

2003

SSRN

Labor and Employment Law

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Full-Text Articles in Law

Solving Problems V. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon Jan 2003

Solving Problems V. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon

Faculty Scholarship

Recent developments in both theory and practice have inspired a new understanding of public interest lawyering. The theoretical development is an intensified interest in Pragmatism. The practical development is the emergence of a style of social reform that seeks to institutionalize the Pragmatist vision of democratic governance as learning and experimentation. This style is reflected in a variety of innovative responses to social problems, including drug courts, ecosystem management, and "new accountability" educational reform. The new understanding represents a significant challenge to an influential view of law among politically liberal lawyers over the past 50 years. That view – Legal Liberalism ...