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The Critical Legal Studies Movement (book) : ウィキペディア英語版 | The Critical Legal Studies Movement (book)
''The Critical Legal Studies Movement'' is a book by philosopher and politician Roberto Mangabeira Unger. First published in 1983 as an article in the ''Harvard Law Review'', published in book form in 1986, and reissued with a new introduction in 2015, ''The Critical Legal Studies Movement'' is a principal document of the American critical legal studies movement that supplied the book with its title. In the book, Unger argues that law and legal thought offers unrealized possibilities for the self-construction of a more democratic society, and that many lawyers and legal theorists have uncritically surrendered to constraints that undermine their ability to make use of law’s transformative potential. Unger explains how the critical legal studies movement has refined and reformulated the major themes of leftist and progressive legal theorists, namely the critique of formalism and objectivism in legal doctrine, and the purely instrumental use of legal practice and doctrine to advance leftist aims, and in doing so, has identified elements of a constructive program for the reconstruction of society. ==Overview==
Unger sets out to show how contemporary theories of law and society have been constrained by the false belief that law is a necessary expression of certain abstract ideas of social organization, such as democracy or market economy. Unger contends that these modes of social organization do not have any natural, necessary, or inevitable form. Unger begins ''The Critical Legal Studies Movement'' by critiquing formalism and objectivism, the ideas that he believes lie at the root of the necessitarian thinking that blinds us to law's transformative and constructive potential and possibilities. Formalism is the belief that lawmaking differs fundamentally from law application. Objectivism is the belief that authoritative legal materials (statues, cases, accepted legal ideas) embody and sustain a defensible scheme of human association and display an intelligible moral order.
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