Publication Date

10-2002

Journal

William and Mary Law Review

Abstract

The article critiques the dominance of policy-oriented legal scholarship, particularly in law and economics, arguing that it oversimplifies human behavior by focusing on predictable, instrumental rationality. It advocates for a more balanced approach that incorporates jurisprudential, theoretical, and doctrinal scholarship, drawing on speculative theory from Continental philosophy and psychoanalysis to provide a richer understanding of rationality and human subjectivity. The author suggests that critical legal scholarship could be revitalized by engaging with thinkers like Kant, Hegel, and Lacan, who offer deeper insights into freedom, spontaneity, and the symbolic order.

Volume

44

Issue

1

First Page

263

Last Page

374

Publisher

William & Mary Law School

Disciplines

Jurisprudence | Law | Law and Economics | Legal Remedies

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