At the American Law Academy, its influence and importance seem to have diminished in recent years. However, the ramifications of CLS, including critical race theory, are becoming increasingly popular. Associated schools of thought such as contemporary feminist theory and ecofeminism and critical racial theory play an important role in contemporary jurisprudence today. An impressive stream of CLS-style writings has also emerged in the fields of international law and comparative law over the past two decades. Catharine A. MacKinnon is a leading figure in radical feminist criticism (sometimes called Fem-Crit). Throughout his career, MacKinnon has sought to show how the established legal system reflects the sexism of the society he created. The law, according to MacKinnon, is just an extension of a male-dominated society characterized by gender inequality and women`s sexual objectification. As a product of a male-centered worldview and a male-dominated state, the law systematically harasses and discriminates against women. « The law, » MacKinnon writes, « sees and treats women the same way men see and treat women. » It ensures male control over female sexuality. The feminist project to counter this negative aspect of the legal tradition, MacKinnon wrote, is to « discover and claim as valid the experience of women whose main content is the defvalidation of women`s experience. » The British movement for critical legal studies began around a similar time to its American counterpart.

However, he focused on a number of conferences held each year, including the Critical Legal Conference and the National Critical Lawyers Group. There are still a number of fault lines in the Community; between theory and practice, between those who look at Marxism and those who have worked on deconstruction, between those who explicitly seek political commitment and those who work in aesthetics and ethics. In line with their position on the political left, CLS researchers have a common dissatisfaction with the established legal and political order, and in particular liberalism, which they consider to be the dominant political ideology. CLS shows how liberalism describes the world according to categories that exist as dualities: subjective-objective, man-woman, public-private, others, individual-community, etc. These dualities are sometimes referred to by CLS theorists as paired opposites. CLS then breaks down the dualities and shows how they create an ideology that promotes the interests of the ruling class. CLS theorists also condemn the individualism that liberal society promotes, and they call for a renewed focus on communal rather than individual values. In particular, they oppose capitalism as an economic system, and they regard liberalism as the greatest apologist for capitalism. Critical legal studies have their intellectual origins in the American legal realism movement in the 1930s.

Prior to the 1930s, American jurisprudence had been dominated by a formalistic account of court decisions, a narrative that stated that judges decided cases on the basis of clear legal rules and reasons that justified a single outcome. Legal realists have argued that the law and jurisprudence are vague and that courts of appeal decide cases not on the basis of the law, but on the basis of what they consider to be fair in light of the facts of a case. American legal realism, considered « the most important jurisprudential movement of the 20th century »[12], caused a shock in American jurisprudence by undermining formalistic principles that had long been considered the foundation of jurisprudence. [Citation needed] Despite these criticisms, CLS has greatly influenced the study and theory of law. After some initial struggles for acceptance in the 1970s and 1980s, he acquired an accepted position in law schools in the United States. However, some jurists, both inside and outside the CLS movement, argue that as many original CLS adherents age and reach positions of power in established law schools, their original radical impulse will fade and moderate. Others argue that the call for justice and equality will always require unbridled radicalism fueled by CLS. Whatever the outcome, CLS has definitely changed the landscape of legal theory. This circumstance was the predominant practice of legal analysis, which Unger calls the « method of reasoned elaboration. » [16] A close descendant of nineteenth-century doctrinal formalism, which, through legal analysis, sought to « establish the integrated legal content of one.

Free society »,[17] The method of reasoned elaboration treated legal documents as an « ideal element », an inherent legal substance underlying the contradictions and ambiguities of the legal text. [18] According to the practice of reasoned elaboration, this inherent legal substance forms a prescriptive system that judges gradually discover through reasoning through politics and principles of law, without calling into question the « basic institutional arrangements of the market economy, democratic politics and civil society outside the market and the state. » [19] Critical racial theorists share a number of themes. Like CLS, CRT finds great flaws in liberalism and particular characteristics of liberal jurisprudence that affect race, including affirmative action, neutrality, and « color blindness. » Many authors of CRT, for example, deny that the constitution is or can ever be « colorblind. » They also argue that the Supreme Court`s alleged breakthroughs in the area of racial rights only serve to confirm an unjust political system by creating the illusion that racial inequality will end, when in reality it does not. CRT researchers generally strive to better understand the social origins of race and racism and, like CLS theorists, they use social theory and science in this area. Many in the CRT movement study how the structure of legal thought or culture affects its content, usually in a way that maintains the status quo. Some members of the movement advocate cultural separatism or nationalism for people of color, arguing that preserving the diversity and separation of different racial groups will benefit everyone. CRT also seeks to understand the cyclical nature of race relations in the United States – characterized by periods of racial progress and relative harmony, followed by periods of racial restraint and discord. CRT authors also frequently use historical and social theories about colonialism and slavery. As « the first movement of legal theory and jurisprudence in the United States to defend a committed left-wing political position and perspective »[1], critical jurisprudence is committed to shaping society on the basis of a vision of the human personality freed from hidden interests and class rule that, according to CLS researchers, were at the root of liberal legal institutions in the West.

are. [4] According to CLS researchers Duncan Kennedy and Karl Klare, critical jurisprudence « dealt with the relationship between jurisprudence and practice and the struggle to create a more humane, egalitarian and democratic society. » [5] During its period of supreme influence, the movement of critical jurisprudence caused considerable controversy within the Academy of Law. Members such as Roberto Mangabeira Unger tried to rebuild these institutions as an expression of human coexistence and not just as a temporary ceasefire in a brutal struggle[6] and were seen as the most powerful voices and the only way forward for the movement. [4] [7] [8] Unger and other members of the movement continue to try to develop them in new directions, for example to make legal analysis the basis for the development of institutional alternatives. [9] [10] [11] As part of its project, CLS discovers what it considers to be gaps in various aspects of liberal legal theory and practice. It argues, for example, that judicial objectivity is impossible because political neutrality or philosophical objectivity cannot exist. CLS thus deprives the judiciary of its supposedly altruistic role in society. As Allan C. Hutchinson, a CLS theorist, wrote, « The Emperor of Justice, dressed and dressed in legitimate and voguish robes through the learned cloth trade, chooses and acts to protect and preserve the legitimate interests of white and male power. » In this way, CLS seeks to « delegitimize » and « demystify » the law – that is, it seeks to undermine the acceptance of the law and remove the veil of mystery and reverence for its functioning. Contemporary legal thought has been strongly influenced by Critical Legal Studies, a school of jurists whose work has supported a continuous radical critique of established legal doctrines. In this essential reference book, Richard Bauman presents the most comprehensive and up-to-date guide available to this essential literature.

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