ABSTRACT

Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.

part I|114 pages

Constraints and Challenges

chapter 1|44 pages

Legal Complexity

Some Causes, Consequences, and Cures

chapter 2|46 pages

Multi-Culturalism Redux

Science, Law, and Politics

chapter 3|22 pages

Some Reflections on the Federalism Debate

part II|302 pages

Institutions and Processes

chapter 4|22 pages

The Politics of Regulation

chapter 5|41 pages

When the Exception Becomes the Rule

Regulatory Equity and the Formulation of Energy Policy Through an Exceptions Process

chapter 6|24 pages

Law and Post-Privatization Regulatory Reform

Perspectives from the U.S. Experience

chapter 7|47 pages

Against (and for) Madison

An Essay in Praise of Factions

chapter 8|16 pages

Delegation and Democracy

Comments on David Schoenbrod

chapter 9|18 pages

To the Chevron Station

An Empirical Study of Federal Administrative Law

chapter 10|60 pages

The Thickest Thicket

Partisan Gerrymandering and Judicial Regulation of Politics

chapter 11|47 pages

Mass Torts

An Institutional Evolutionist Perspective

chapter 12|25 pages

Public Law Litigation and Social Reform

part III|63 pages

Mapping the Limits of Law

chapter 13|61 pages

The Limits of Law