CRIM 338 Chapter Notes - Chapter 13: Critical Race Theory, Critical Legal Studies, Utopia
2 Mar 2019
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Document Summary
Reject what is taken to be natural order of things, be it the free market, meta-narratives, conception of race" & patriarchy. Critical legal theorists - share profound scepticism about many of enterprises that have long been assumed to be at heart of jurisprudence. Central theme of critical legal theory - to doubt prospect of uncovering universal foundation of law based on reason. Repudiates very project of jurisprudence which it generally perceives as clothing law & legal system w/ bogus legitimacy. Its acceptance of law as distinctive & discrete discipline buttresses concept of law as autonomous - independent from politics & morality. Myth of determinacy is significant element of critical assault on law. Far from being determinate coherent body of rules & doctrine, law is portrayed by critical legal theorists as uncertain, ambiguous, unstable. In pursuit of neutrality, law deploys number of fictions/illusions.
