ABSTRACT

In this chapter, the author agrees with the two critics, McCann’s argument for a decentered or bottom-up approach is a good one. He describes that The Hollow Hope focuses almost entirely on a top-down model and that such an approach undoubtedly misses much. Both approaches have a great deal to offer. The author shares McCann’s hope that those studying courts and social movements will read widely and learn from both approaches. But he concerned that the decentered approach focuses too much on distinct, small cases that make generalization difficult. Feeley and the author agree that there is a gap between reformers’ aspirations and subsequent behavior. They disagree on the size of that gap and, more specifically on (1) whether the reformers he quote are in any sense representative; (2) whether they were merely posturing or meant what they said; (3) how to interpret Court decisions.