CRIM 338 Chapter Notes - Chapter 13: Critical Legal Studies, Feminist Legal Theory, Substantive Law
17 Dec 2019
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Social order is maintained by a system of beliefs. "doctrine" never provides a determinate answer to questions, nor can it cover all conceivable situations: described as the "principle of indeterminacy" It rejects the view that there is an autonomous and neutral mode of legal reasoning: described as the "principle of antiformalism" It disputes the idea that "doctrine" encapsulates a single, coherent view of human relations. Instead, cls argues that "doctrine" represents several different competing views, none of which is sufficiently coherent or pervasive to be called dominant: described as the "principle of contradiction" It doubts that even when there is consensus, there is reason to regard the law as a decisive factor in social behaviour: described as the "principle of marginality" If these 4 principles (indeterminacy, antiformalism, contradiction, marginality) are accepted, Trubek says "the law, in whose shadow we bargain, is itself a shadow"
