legal theory definition
Law is an instrument for oppression used by the wealthy and the powerful to maintain their place in the hierarchy.As part of its project, CLS exposes what it sees as the flaws in various aspects of liberal legal theory and practice. Unger envisions a future in which the categories that currently divide and separate people—including sexual, racial, political, and class categories—are broken down, allowing people to share more values and to create a more harmonious society. Like CLS, legal realism emphasized that judicial decisions depend largely on the predilections and social situation of the judge. Leading critical race theorists include Critical race theorists share a number of themes. According to CLS theorists, however, the law is not separate from the political realm and its disputes.
Others emphasize that CLS theorists share a number of important ideas and approaches that together constitute a new approach to legal scholarship.First among the basic ideas that CLS scholars tend to share is the notion that law is politics—in other words, that law and politics are indistinguishable from one another.
Another widespread complaint is that the writings of CLS scholars are unnecessarily obscure, opaque, and turgid.Despite these criticisms, CLS has greatly influenced the study and theory of the law. CLS demonstrates how liberalism describes the world according to categories that exist as dualities: subjective-objective, male-female, public-private, self-other, individual-community, and so forth. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance. Thus, the legal realists urged that much more attention be paid to the social context of the law. In law, a conspiracy theory is a theory of a case that presents a conspiracy to be considered by a trier of fact. By holding that such cases were justiciable, the Supreme Court paved...Definition from Nolo’s Plain-English Law DictionaryA persuasive presentation summarizing the law and facts regarding an issue.Definition from Nolo’s Plain-English Law Dictionary1) A power to act or to order others to act.
Many in the CLS movement want to overturn the hierarchical structures of domination in modern society, and many of them have focused on the law as a tool in achieving this goal. Whatever the outcome, CLS has permanently changed the landscape of legal theory.Delgado, Richard. Law should always conform to the popular consciousness because of customs. The law, according to MacKinnon, overlooks such injustices, and legal doctrines regarding the private sphere of the home perpetuate rather than resolve them.CRT began in the mid-1970s when many intellectuals perceived that the civil rights movement of the 1960s had ended and that in fact many of its gains were being turned back.
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