An interesting symposium at Jack Balkin's blog on a recent paper by legal historian Jeremy Kessler. I found the contributions by Benkler and Syed most interesting, albeit misguided, and I thought Professor Kessler's responses were judicious and sensible. Professor Kessler has done a real service in debunking the CLS critique of Marx, which was never taken seriously by philosophers, but had more impact in legal history.




The phrase ‘Does the fact’ naturally invites howls of derision: it’s a fact that every child knows that the Japanese…