The Legal Theory Bookworm recommends Ideal and Non-Ideal Theory by Jacob Barrett. Here is a description:
This Element provides an opinionated survey of the ideal and non-ideal theory debate in political philosophy. It adopts a minimal conception of ideal theory as “theorizing that aims to characterize ideal or perfect justice” and then investigates four major questions. First, does ideal theory provide a benchmark for evaluating what is more just than what? Second, does it provide a target for long-term reform? Third, does it provide a gauge of appropriate or permissible responses to injustice? Fourth, to what extent should we do ideal theory? The core message is that ideal theory is not uniquely or especially well suited to serving these roles, and deserves no pride of place in the discipline. Nevertheless, ideal theory is somewhat valuable and it should remain one active research program among many. Connections to related debates beyond political philosophy are briefly explored.
The distinction between ideal and nonideal theory is essential for legal theory. Barrett’s short book provides an introduction to a literature that is unfamiliar to many legal scholars. For a short introduction, see Legal Theory Lexicon 011: Second Best & Nonideal Theory.
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