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CLS Revisited: Limits to the Critical Approach

Publication at Faculty of Law |
2017

Abstract

This chapter deals with the key personalities who formed the movement of critical legal studies. Furthermore, the chapter presents major works of Duncan Kennedy and Mark Tushent, who are nowadays distinguished law professors at Harvard.

The text points out a gradual integration of critical studies in the mainstream of legal academia. The paper also discusses main inconsistencies within the critical legal studies.

Firstly, the critical studies employ quite formal instruments in order to perceive the reality. However, that makes the critical studies somewhat close to other schools of legal thinking, including law and economics, which are openly hostile towards critical studies - and the critics are hostile to them.

Secondly, an identity between law and politics creates a limit for critical legal studies. This approach could represent a final version of legal realism, but it is original only in the context of traditional, doctrinal legal academia.