Critical Legal Studies (CLS): Contextualizing the Jurisprudential Basis, Nature And Scope (original) (raw)
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Legal Theory, 1999
This chapter focuses on the relationship between critical legal studies as an intellectual movement in American law schools, and law and economics, in both Chicago and other forms. The critical legal studies critique of law and economics can reasonably be understood as an effort to foster alternative, radical approaches to law and economics that acknowledge and proceed from politically-charged contradictions within the discipline. The intellectual engagement between critical legal studies and law and economics over the last twenty years has not mediated the contradiction between the critical legal studies and law and economics views of law.
Law as Politics: Reflections on the Critical Legal Studies Movement
SCLS Law Review Vol 1 No 2, 2018
Critical Legal Studies (hereinafter CLS) movement of the U.S. marked the combination of a legal way of thought and a social network of left leaning legal scholars of 1970s. Though loosely constructed as a legal theory, CLS lacks the ingredients necessary for a full pledged legal theory. It is rather better described as anetwork of like-minded legal scholars at Harvard and a way of legal thought.1 Prominent among the scholars were Roberto Unger,Duncan Kennedy, David Kennedy, Morton Horwitz, Jack Balkin, Mark Tushnet and Louis Michael Seidman. As is put by Roberto Unger, though CLS was meant to be “continued as an organizing force only until the late 1980s,…its founders never meant it to become an ongoing school of thought or genre of writing.” Yet the movement became a very powerful school of thought popularised throughout America and the rest of the world. CLS has been perceived both as a reaction to legal Formalism and Realism and a distinct theory of law.
The theory of critical legal studies
Oxford Journal of Legal Studies, 1986
I. A PROGRESSIVE INTERVENTION Critical legal studies is the first movement in legal theory and legal scholarship in the United States to have espoused a committed Left political stance and perspective.2 A left-wing academic trend of considerable breadth in the field of law is ...
The Jurisprudential Movements of the 1980 s Minda
2017
discourse which claims neutrality in process and outcome. A number of commentators have suggested that the intellectual component of CLS is difficult to characterize because CRITS only share antipathy toward traditional views of law and do not advocate a common method or approach to legal scholarship. 68 It has been said that "while law and economics scholars seem 'divided by a common methodology,' critical legal scholars seem united only in a shared antagonism.'69 Critical legal studies is thus typically characterized as a "negative" or "destructive" movement; one that criticizes without offering either a constructive program or specific standard of reference for judging. 70 Martha Minow, however, has argued that the CLS "school is recognizable in its commitment to explain both that legal principles and doctrines are open-textured and capable of yielding contradictory results, and that legal decisions express an internal dynamic of legal cu...