CRI215H1 Lecture Notes - Lecture 4: Critical Legal Studies, Legal Realism, Classical Liberalism
19 Jan 2020
School
Course
Professor
Document Summary
Legal pluralism: multiple legalities/legal systems in one social sphere. Link between moore"s sasf and merry"s legal pluralism. Must consider the implications of the concept. The individual is not accountable to society for his actions, for these concern the interests of no person but himself individual/self-interest. The government can only exert control to prevent harm. Idea that everyone is a free and rational actor unless one imposes on tbe rights of another. Mid 1800s: people obsessed with the future, globalization and optimism. 1851: in crystal palace, massive glass dome, Individual rights as a way to guarantee liberty. Rough 20th century legal theory timeline: 1870-1920: legal formalism (conservative, 1880-1970: legal realism (liberal, 1970-1990: critical legal studies (radical) Acrimonious disputes between conservative and progressive factors. New attention to how identity/positionality shapes experiences, discourses, ideas, institutions. Rejection of the assumption of steady progress over time. Emphasis on complexity and contradiction over reason and coherence.
