NCJ Number
124992
Journal
International Journal of the Sociology of Law Volume: 18 Issue: 2 Dated: (May 1990) Pages: 179-198
Date Published
1990
Length
12 pages
Annotation
Practicers of law who are radically opposed to the oppressive practices generated by the legal system face the dilemma of working within the framework of formal legalism and inadvertently giving legitimacy to the rule of law ideology or seeking an outside, alternative praxis.
Abstract
Of particular interest is the tendency to strip the facts of a case of their contextual nuances, leaving sterilized, one-dimensional data related only to general categories of formally proscribed acts. Lawyers in turn distance themselves from their clients or from the struggle for principle; winning or losing becomes central. The necessity defense, evolved over time, provides some room for interpretation of facts. Without it, winning in court within the confines of its framework may entail compromise. 7 notes, 31 references.