Law and Society Jurisprudence

Daphna Hacker, Tel Aviv University

A Final Version will be published at Cornell Law Review

Abstract

This paper strives to present the law and society community's actual and potential contribution to the legal discipline. The first part of the paper presents Robin West's argument that the legal academia should answer three questions: What is the law? Why is the law what it is? and, What should the law be? The second part analyzes the Israeli law and society movement and its contribution to the answers of these three questions. The third part discusses three tensions within the law and society community: Complexity and Confusion, Legitimation and Shallowness, and Optimism and Pessimism. Lastly, the paper suggests few ways by which the law and society community can face the challenges in its way to contribute to a reach, critical and human legal academia.