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critical legal studies
Critical legal studies is a movement in legal theory and a network of leftist legal scholars that emerged in the 1970s in the United States. Considered "the first movement in legal theory and legal scholarship in the United States to have espoused a committed Left political stance and perspective,"〔Alan Hunt, "The Theory of Critical Legal Studies," Oxford Journal of Legal Studies, Vol. 6, No. 1 (1986): 1〕 critical legal studies was committed to shaping society based on a vision of human personality devoid of the hidden interests and class domination that CLS scholars argued are at the root of liberal legal institutions in the West.〔Turley, Jonathan. "Hitchhiker's Guide to CLS, Unger, and Deep Thought". ''Northwestern University Law Review'' 81 (1987): 595〕 According to CLS scholars Duncan Kennedy and Karl Klare, critical legal studies was "concerned with the relationship of legal scholarship and practice to the struggle to create a more humane, egalitarian, and democratic society."〔Duncan Kennedy and Karl E. Klare, "A Bibliography of Critical Legal Studies," Yale Law Journal, Vol. 94 (1984): 461.〕 During its period of peak influence, the critical legal studies movement caused considerable controversy within the legal academy. The more constructive members, such as Roberto Mangabeira Unger, sought to rebuild these institutions as an expression of human coexistence and not just a provisional truce in a brutal struggle〔Unger, Roberto Mangabeira. Passion: An Essay on Personality. New York: Free Press, 1984, p. 47〕 and were seen as the most powerful voices and the only way forward for the movement.〔Turley, Jonathan. "Hitchhiker's Guide to CLS, Unger, and Deep Thought". ''Northwestern University Law Review'' 81 (1987): 423〕〔Hutchinson, Allan C, and Patrick J Monahan. 1984. "The Rights Stuff: Roberto Unger and Beyond". ''Texas Law Review'' 62: 1478〕〔Bartholomew, Amy, and Alan Hunt. 1990. "What's Wrong with Rights". ''Law and Inequality: A Journal of Theory and Practice'' 9: 1.〕 Unger is one of the last standing members of the movement to continue to try to develop it in new directions—namely, to make legal analysis the basis of developing institutional alternatives.〔Unger, Roberto Mangabeira. ''What Should Legal Analysis Become?'' London ; New York: Verso, 1996.〕〔Unger, Roberto Mangabeira, ''The Critical Legal Studies Movement''. New York: Verso, 2015.〕〔Waldron, Jeremy. 1998. "Review: Dirty Little Secret." ''Columbia Law Review'' 98 (2) (March 1): 510–530.〕
The abbreviations "CLS" and "Crit" are sometimes used to refer to the movement and its adherents.〔
==History==
Although the intellectual origins of the Critical Legal Studies (CLS) can be generally traced to American Legal Realism, as a distinct scholarly movement CLS fully emerged only in the late 1970s. Many first-wave American CLS scholars entered legal education, having been profoundly influenced by the experiences of the civil rights movement, women's rights movement, and the anti-war movement of the 1960s and 1970s. What started off as a critical stance towards American domestic politics eventually translated into a critical stance towards the dominant legal ideology of modern Western society. Drawing on both domestic theory and the work of European social theorists, the "crits" sought to demystify what they saw as the numerous myths at the heart of mainstream legal thought and practice.
The British critical legal studies movement started roughly at a similar time as its American counterpart. However, it centered around a number of conferences held annually, particularly the Critical Legal Conference and the National Critical Lawyers Group. There remain a number of fault lines in the community, between theory and practice, between those who look to Marxism and those who worked on Deconstruction, between those who look to explicitly political engagements and those who work in aesthetics and ethics.
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