The Two Faces of Law and Inequality: From Critique to the Promise of Situated, Pragmatic Policy

Abstract

Over the course of my career, I have navigated a research agenda that moves between scholarly and policy-oriented research. Building on this experience, I argue that it is time for law and society scholars to take seriously a commitment to engaged scholarship that speaks to a wider audience of stakeholders and policymakers. Three themes frame my proposal to get back in the game of advocacy and policy. First, I consider why we need to rekindle this commitment at this historical moment: inequalities in wealth, income, and social mobility and the rise of mass incarceration and its collateral consequences diminish the foundation required for effective democratic governance to thrive. Second, what our scholarship has to say is key to the framing of pragmatic policy: law and society's focus on law in action and the culture of law are key to understanding the ways in which most policies tend to deliver unintended consequences. Finally, we need to consider how to go about the next step to make our work visible to a wider audience of stakeholders?

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