Response or Comment
California Law Review
Pierre Schlag, Pre-Figuration and Evaluation, 80 Calif. L. Rev. 965 (1992), available at https://scholar.law.colorado.edu/faculty-articles/876.
In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.
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