Abstract

Owen Fiss is viewed by most constitutional theorists as a stern critic of Cricial Legal Studies, whom he has accused of contributing to "the death of law" as an inspiring ideal. A rereading of "Groups and the Equal Protection Clause" reveals, however, that there was nothing inevitable in this development, for a number of Fiss's arguments seem quite similar to arguments often identified with "crits," including, most importantly, the relatively limited relevance of purely "legal" notions and the consequent tight connection between "legal" analysis and political philosophy, including ideal conceptions of the political order. I conclude by offering some extremely brief speculations as to what might account for Fiss's later opposition to CLS instead of his becoming, say, one of its "moderate" adherents.

Recommended Citation

Sanford V. Levinson, "“Law”, “Philosophy,” or “Politics”? Identifying the Status of the Arguments in Owen Fiss's “Groups and the Equal Protection Clause”" Issues in Legal Scholarship, The Origins and Fate of Antisubordination Theory (2002): Article 5.
http://www.bepress.com/ils/iss2/art5