NCJ Number
106054
Journal
Criminal Justice Review Volume: 11 Issue: 2 Dated: (Fall 1986) Pages: 15-22
Date Published
1986
Length
8 pages
Annotation
While the field of criminal justice lacks an autonomous tradition of radicalism, recent work in critical legal studies (CLS) have some relevance for the evolution of a radical perspective in the field.
Abstract
As a group, CLS scholars seem less concerned with developing an integrated theory than with drawing upon conceptual weapons that can be used to expose the exploitative and contradictory character of traditional legal rhetoric and doctrine. The overriding objective of CLS scholarship is to carry the critique of law forward and transcend both the limitations of liberalism at the heart of legal realism and the positivism that informs much of 'law and society' research. The CLS tradition has challenged various forms of hegemony, domination, and hierarchy characterizing capitalist society. The most typical endeavor of CLS scholars has been deconstruction of appellate court decisions, mainstream doctrinal analysis, and conventional legal rhetoric. This deconstruction significantly complements the work of radical criminologists and neo-Marxist sociologists of criminal law. 14 footnotes and 77 references.