Review Essay:
Peter Margulies, Progressive Lawyering and Lost Traditions
(1995) (reviewing Milner S. Ball’s The Word and the Law (1993)
and Anthony Kronman’s The Lost Lawyer: Failing Ideas of the
Legal Profession (1993)), 73 TEXAS L. REV. 5.
Abstract:
Margulies posits three distinct views of legal traditionalism
that fully embrace tradition in its broadest sense. First, the
prudential view, put forward by Kronman, sees commitment to
tradition as an affirmance of culture and practical wisdom over
the totalizing demands of modernity. The redemptive view, put
forward by Milner Ball, invokes biblical and progressive
traditions to redeem the status quo from inequity and prepare
the ground for the divine revelation of justice. The civic
humanist view acknowledges that one can invoke Providence, as
the redemptive approach does, while seeking a synthesis of the
political and the theological centered on human community. This
Essay considers the interaction of the Civil Rights movement
with the prudential, redemptive, and civic humanistic views of
tradition in light of three elements: narrative, normativity,
and irony. Margulies concludes that the civic humanists come
closest to matching the account of tradition revealed in the
Civil Rights movement.