The theory of critical legal studies (original) (raw)

1986, Oxford Journal of Legal Studies

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 ...

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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 Neoliberalism and the Crisis of Critical Legal Studies.pdf

Direito e Praxis, 2018

The objective of this paper is to analyze the factors that led to the decline of Critical Legal Studies from the 1990s. At first, we will analyze the emergence of critical theories of Law in the 1960s. We will then investigate the emergence of postmodern legal movements, placing Critical Legal Studies in this process. Finally, we will evaluate the impact of neoliberalism on the work of Critical Legal Studies.

Critical Legal Studies

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.

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