The author is a founder of “Critical Legal Theory” that grew out of the hippies’ belief in the 60’s that the rights of individuals as enumerated in the Constitution get in the way of collectivist “progress”.
He’s been talking about it since 1977.
Much like the “death of the author,” which was merely a pretext for literary critics or whomever to be free to say whatever was on their mind without worrying about pesky details such as what the humans who write books (other books, never so much their own) are trying to say, legal scholars adopt an Anything Goes standard of analysis because they could never love what laws actually say so much as they love the sound of their own voices.