Our second issue is also our first special book issue, featuring readings of Alan Brudner's The Unity of the Common Law (rev. ed. 2013) and Hanoch Dagan's Reconstructing American Legal Realism & Rethinking Private Law Theory (2013).
The issue includes another first: our first article forum, centered around "The Case for Penal Modernism: Beyond Utility and Desert" by James Q. Whitman (Yale University), with comments by Darryl Brown (University of Virginia) and Lindsay Farmer (University of Glasgow), as well as a reply by Whitman.
In Reconstructing, Dagan develops a nuanced account of the legal realist conception of law that highlights legal realism's relentless focus on the constitutive tensions of law, which keeps these tensions constantly before us and thus both demands and facilitates their continuous critical analysis. Contributors include:
Brudner's Unity nicely reflects the journal's broad critical ambition. In a tour de force of interdisciplinary legal-philosophical scholarship, Brudner has assembled nothing less than a comprehensive critical analysis of the common law. Contributors include: