1. Marcuse, Herbert, One-Dimensional Man (Beacon Press: Boston, 1964), p. 190.
2. Compare, for example, the ‘ambivalent postmodernism’ of Hunt, Alan (eg ‘The big fear: law confronts postmodernism’ McGill Law Journal 1990, 35, 3, 507–540) with the more enthusiastic embrace of Hutchinson, Allan (e.g. Dwelling on the threshold: critical essays in modern legal thought (Carswell: Toronto, 1988)).
3. cf Jenson, Jane, “‘Different’ but not ‘exceptional’: Canada's permeable fordism,” Canadian Review of Sociology and Anthropology 26, 1 (1989), pp. 69–94.
4. Drache, Daniel and Glasbeek, Harry, “The new fordism in Canada: Capital's offensive, labour's opportunity,” Osgoode Hall Law Journal 27, 3, (1989) pp. 517–560.
5. The radical use of history is evidenced by writers such as Thompso, Edward P, Whigs and Hunters: the origins of the Black Act (Allen Lane, London, 1975) or Hall, J., “Theft, law and society: the Carrier's case,” in Chambliss, W. J., Crime and the legal process (New York: McGraw Hill, 1969), pp 32–51. It is also evidenced by those authors concerned with ethnicity or gender, such as Kobayashi, Audrey, “Racism and the law in Canada: a geographical perspective,” Urban geography 11, 5 (1990) pp. 447–473.
6. The standard account is given by Gordon, Robert W., “Critical legal histories,” Stanford law review 36, 57 (1984) pp. 57–125.
7. Hutcheon, Linda, The Politics of Postmodernism (London: Routledge, 1989) pp. 57.
8. For example, see de Sousa Santos, B., 1987, “Law: a map of misreading: Toward a postmodern conception of law,” Journal of Law and Society 14, 3, 279–302, or Engel, David M., 1990, “Litigation across space and time: courts, conflict, and social change,” Law and Society Review 24, 2, 333–344. I also sense that a nascent geographical imagination (albeit often confused) can be seen in the recent ‘communitarian’ debate (see, for example, the essays in Hutchinson, Allan C. and Green, Leslie J., eds., Law and the community: the end of individualism? (Toronto: Carswell, 1989).
9. Holmes, Oliver Wendell, The Common Law (Cambridge, MA: Belknap Press, 1963, 1881), p. 1 (my emphasis).
10. Soja, Edward W., Postmodern geographies: The reassertion of space in critical social theory (London: Verso, 1989).
11. There is, however, a growing literature that explores many of these questions. The interested reader might begin with a recent special edition of the journal Urban Geography (Vol. 11, 5 and 6) which draws together the work of both geographers and legal scholars, all of whom are concerned with the law-space interface.
12. Foucault, Michel, “Of other spaces,” Diacritics, Spring (1986), p. 22–27.
13. Cf Bakan, Joel C. and Blomley, Nicholas K., “Privatizing the worker,” forthcoming in Environment and Planning, 1991.
14. Cf Blomley, Nicholas K., “The business of mobility,” forthcoming in Canadian Geographer, 1991.