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What Do Critical Legal Theorists Believe

The British movement for critical legal studies began around the same time as 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 turn to Marxism and those who have worked on deconstruction, between those who seek explicit political engagement and those who work in aesthetics and ethics. Despite these criticisms, CLS has greatly influenced the study and theory of law. After some early struggles for acceptance in the 1970s and 1980s, he received an accepted position in law schools in the United States. However, some jurists, both inside and outside the CLS movement, argue that as many of CLS`s original adherents age and reach positions of power in established law schools, their initial radical momentum will fade and weaken. 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. Increasingly, however, traditional themes are being replaced by broader and more radical critical ideas. Interference in intellectual property law, human rights, jurisprudence, criminal law, property law, international law, etc. has proved crucial to the development of these discourses. CLS also introduced new frameworks in the legal field, such as postmodernism, queer theory, literary approaches to law, psychoanalysis, law and aesthetics, and postcolonialism.

“Critical legal theory” examines how critical thinking rejects what is considered the natural order of things, whether patriarchy (in the case of feminist jurisprudence), the conception of “race” (critical racial theory), the free market (critical legal studies), or “metanarrative” (postmodernism). The myth of determination is an essential element of the critical attack on the law. Far from being a specific and coherent set of rules and doctrines, the law is described as uncertain, ambiguous and unstable. And instead of expressing rationality, law reproduces political and economic power. From the point of view of critical jurisprudence, social justice is an empty promise. Law studies have two aspects. It is a scientific literature and it was also a network of people who saw themselves as activists in law school politics. Initially, the scientific literature was produced by the same people who were involved in law school. Critical jurisprudence is not a theory.

It is essentially this literature that is produced by this network of people. I think you can identify some topics in literature, topics that have changed over time. [14] Roberto Unger, a key member of critical jurisprudence whose influence continued to be considerable in the decades following the movement`s decline, wrote that the founders of critical jurisprudence “never intended them to become a continuous school of thought or a genre of writing. They wanted to intervene in certain circumstances. [13] Among the basic ideas shared by CLS researchers is the idea that law is politics – in other words, that law and politics are indistinguishable from each other. Liberalism, according to CLS theorists, has traditionally viewed law as an objective and rational process of precise decision-making, and politics as a domain of imprecise, often irrational opinions and competing interests. However, according to CLS theorists, law is not separated from the political sphere and its disputes. Legal reasoning is not a strong fortress of objective rationality, but a fragile structure full of contradictory and arbitrary categorizations that are constantly redefined and revised. From this point of view, the law is only an elaborate political ideology that, like other political ideologies, exists to support the interests of the party or class that forms it. The legal system, according to CLS, supports the status quo and perpetuates society`s established power relations. Law has logic and structure, but these flow from the power relations of society.

CLS therefore understands law as a set of beliefs and prejudices that mask society`s injustices with a mask of legitimacy.