December 30, 2006
The Canon of Legal Thought
Posted by Gordon Smith

Congratulations to two of my colleagues, Stewart Macaulay and Marc Galanter, for having their work included in the new collection, The Canon of Legal Thought, edited by David Kennedy & William W. Fisher III of Harvard. The authors were limiting themselves to the "twenty most important works of American legal thought since 1890." (They appear to have counted two pieces by Catherine MacKinnon as one work.) Here is the table of contents:

Part I: Attacking the Old Order: 1900-1940

Oliver Wendell Holmes, "The Path of the Law," 10 Harvard Law Review 457 (1897)

Wesley Hohfeld, "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning," 23 Yale Law Journal 16 (1913)

Robert Hale, "Coercion and Distribution in a Supposedly Noncoercive State," 38 Political Science Quarterly 470 (1923)

John Dewey, "Logical Method and Law," 10 Cornell Law Quarterly 17 (1924)

Karl Llewellyn, "Some Realism About Realism--Responding to Dean Pound," 44 Harvard Law Review 1222 (1931)

Felix Cohen, "Transcendental Nonsense and the Functional Approach," 35 Columbia Law Review 809 (1935)

Part II: A New Order: The Legal Process, Policy, and Principle: 1940-1960

Lon L. Fuller, "Consideration and Form," 41 Columbia Law Review 799 (1941)

Henry M. Hart, Jr., and Albert M. Sacks, The Legal Process: Basic Problems in the Making and Application of Law, Problem No. 1 (unpublished manuscript, 1958)

Herbert Wechsler, "Toward Neutral Principles of Constitutional Law," 73 Harvard Law Review 1 (1959)

Part III: The Emergence of Eclecticism: 1960-2000

Policy and Economics

Ronald H. Coase, "The Problem of Social Cost," 3 Journal of Law and Economics 1 (1960)

Guido Calabresi and Douglas Melamed, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," 85 Harvard Law Review 1089 (1972)

The Law and Society Movement

Stewart Macaulay, "Non-Contractual Relations in Business: A Preliminary Study," 28 American Sociological Review 55 (1963)

Marc Galanter, "Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change," 9 Law and Society Review 95 (1974)

Liberalism: Interpretation and the Role of the Judge

Ronald Dworkin, "Hard Cases," 88 Harvard Law Review 1057 (1975)

Abram Chayes, "The Role of the Judge in Public Law Litigation," 89 Harvard Law Review 1281 (1976)

Critical Legal Studies

Duncan Kennedy, "Form and Substance in Private Law Adjudication," 88 Harvard Law Review 1685 (1976)

Liberalism: Legal Philosophy and Ethics

Robert Cover, "Violence and the Word," 95 Yale Law Journal 1601 (1986)

Frank Michelman, "Law's Republic," 97 Yale Law Journal 1493 (1988)

Identity Politics

Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: An Agenda for Theory," 7:3 Signs: Journal of Women in Culture and Society 515 (1982)

Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: Toward a Feminist Jurisprudence," 8 Signs: Journal of Women, Culture, and Society 635 (1983)

Kimberlé Crenshaw, Neil Gotanda, Gary Peller, and Kendall Thomas, eds., "Introduction," Critical Race Theory: The Key Writings that Formed the Movement, The New Press, New York, 1996 at xiii-xxxii

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