The Legitimacy of Law: A Response to Critics*

Abstract
In this paper, the author responds to the claim that his critique of legal positivism, based on an account of adjudication in South Ahica, misses its target because it ignores, first, the positivist thesis of judicial discretion and, secondly, the fact that positivism offers no account of judicial obligation. He argues that these theses expose a tension in positivism between its commitments to liberal individualism and to the supremacy of positive law, a tension which can be resolved only by situating positivism in its true context, the Hobbesian argument for the legitimacy of law. Following Dworkin, he advocates the practice-oriented common law tradition, one that makes the legitimacy of law a matter of standards already implicit in law which are best revealed in adjudication.     

MORE ON DEMEANOR AND ARREST IN DADE COUNTY*

A recent study of police behavior using data collected in Dade County, Florida, found that citizen demeanor is a spurious correlate of arrest in light of control for criminal conduct (Klinger, 1994). This finding calls into question the long-standing belief that hostility directly increases the odds of arrest in police-citizen encounters. Responding to this research, Lundman (1994) reanalyzed data used in several previous studies that had reported hostility effects. His reanalysis offered limited support for a demeanor-arrest link. Because the measures of demeanor he used and the models he estimated were somewhat different from those Klinger had used and estimated, Lundman suggested that it would be valuable to revisit the Dade County data to see whether Klinger's null finding regarding hostility effects might be artifactual. This study reanalyzes the Dade County data. It indicates that one of four measures of demeanor is a significant net correlate of arrest under some circumstances. The implications of this finding are discussed.     

Unger's Advocates: Assessing the Possibilities for Law Practice as a Transformative Vocation

Abstract .
This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be.     

FISCAL FEDERALISM, PROFESSIONALISM AND THE TRANSFORMATION OF AMERICAN STATE GOVERNMENT

A combination of political and economic forces have helped to return the states to the centre of the political stage. Whether measured by objective indicators (employment, share of government expenditure, elasticity of state revenues) or political institutional changes (the rise of career governors, the increasing influence of the intergovernmental lobby and the spread of state responsibilities), the states have become increasingly important in the formulation and implementation of American domestic policies. However, these changes have by no means reduced the level of intergovernmental conflict. On the contrary, cuts in federal expenditure, the introduction of block grants and public opposition to increases in state and local taxation are likely to intensify debate on distributional questions at the state level.