A while back the Volokh Conspiracy noted that The Rise and Fall of Classical Legal Thought, for long restricted to those with access to the right sneakernet, has finally been published. They gave a link to the amazon page where you can buy the paperback, but actually paying for information is completely uncool. A bit of googling turned up Duncan Kennedy’s website, where you can download all the sections in scanned-to-pdf form for free. Haven’t read any myself, but I see a very faint resemblance to Hopefully Anonymous, though the latter has a rather low opinion of CLS.

If you’d like to read a libertarian play Devil’s Advocate for Duncan’s Critical Legal Theory (adherents of which may be called “crits”), Scott Scheule of the Distributed Republic has got you covered, attacking the foundations of private property*. If you’d like to hear about a clash between CLS and multiculturalism, see Ann Althouse and Glenn Reynolds. If you want to watch Kennedy debate Noah Feldman over an issue he has no special competence to discuss (Iraq), go here. Paleos may be tickled to note that Noah places Duncan in the tradition of American radical anti-imperialist agrarian populism, though Kennedy didn’t seem to fully embrace that role.

*The point being that we need empirical evidence rather than just logic. Peter Leeson provides in Trading With Bandits.

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