This brief essay suggests that the discursive practices associated with Critical Legal Studies and related movements have prescriptive implications for institutional design. The essay, a contribution to a festschrift for David M. Trubek, considers the trajectory of Trubek’s work from his engagement with various critical projects to his recent sympathetic interpretation of “new governance” in the European Union. The tacit prescriptive implications of the critical work resonate with some of the distinctive institutional features found in new governance.
William H. Simon,
Critical Theory and Institutional Design: David Trubek's Path to New Governance,
Columbia Public Law Research Paper No. 12-319
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1765