NCJ Number
144338
Date Published
1987
Length
360 pages
Annotation
This book provides an overview of the wide body of work that has been done by the academicians in the legal world that is known as Critical Legal Studies.
Abstract
The author presents a summary and critical assessment of recurring themes in the movement known as Critical Legal Studies. He first reviews three central contradictions in liberal thought that have been identified in Critical Legal Studies writings, the contradictions: 1) between commitment to mechanically applied rules for resolving disputes and ad hoc standards; 2) between intrinsic individual values and the objective knowledge of ethical truths; and 3) between free will and determinism. He attempts to show the pervasiveness of these contradictions in legal controversy and how mainstream thought invariably treats one term in each set of contradictions as privileged. He also applies the insights of Critical Legal Studies to two prominent movements in American jurisprudence - Law and Economics and the Legal Process School. Finally, the author explores the developing critical views on the relationship between law and society.