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Journal articles on the topic 'Critical legal theory'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 January 2023

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1

Croissant, Jennifer L. "Critical Legal Theory and Critical Science Studies." Cultural Dynamics 12, no. 2 (2000): 223–36. http://dx.doi.org/10.1177/092137400001200206.

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2

Thornhill, Chris. "Critical Theory and Legal Theory—A Genealogical Study." King's Law Journal 15, no. 1 (2004): 23–43. http://dx.doi.org/10.1080/09615768.2004.11423641.

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3

HUNT, ALAN. "THE THEORY OF CRITICAL LEGAL STUDIES." Oxford Journal of Legal Studies 6, no. 1 (1986): 1–45. http://dx.doi.org/10.1093/ojls/6.1.1.

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4

Golder, Ben. "Book Review:Introduction to Critical Legal Theory." Social & Legal Studies 15, no. 1 (2006): 154–57. http://dx.doi.org/10.1177/096466390601500112.

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5

Herbeck, Dale A. "Critical Legal Studies and argumentation theory." Argumentation 9, no. 5 (1995): 719–29. http://dx.doi.org/10.1007/bf00744752.

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6

Olsen, Frances. "Liberal Rights and Critical Legal Theory." German Law Journal 12, no. 1 (2011): 234–46. http://dx.doi.org/10.1017/s2071832200016849.

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So much has been written about liberal rights and critical legal theory that many of us begin to find the topic boring. It is with some trepidation that I impose yet one more discussion of rights analysis upon the waiting - but satiated - world.

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7

Gaus, Daniel. "Critical theory and reconstruction: On Hauke Brunkhorst’s Critical Theory of Legal Revolutions." Philosophy & Social Criticism 41, no. 10 (2015): 995–1019. http://dx.doi.org/10.1177/0191453715595458.

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8

O'Brien, Sean Marie, Christian Joerges, and David Trubek. "Critical Legal Theory: An American-German Debate." American Journal of Comparative Law 38, no. 3 (1990): 723. http://dx.doi.org/10.2307/840320.

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9

Habermas, Jürgen. "Hauke Brunkhorst’s Critical Theory of Legal Revolutions." Social & Legal Studies 23, no. 4 (2014): 533–46. http://dx.doi.org/10.1177/0964663914545560.

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10

Tushnet, Mark V. "THE POST-CRITICAL FUTURE OF LEGAL THEORY." Constitutional Forum / Forum constitutionnel 2, no. 1 - 4 (2011): 1990. http://dx.doi.org/10.21991/c9q08h.

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11

Paulson, Stanley L. "Hans Kelsen's Earliest Legal Theory: Critical Constructivism." Modern Law Review 59, no. 6 (1996): 797–812. http://dx.doi.org/10.1111/j.1468-2230.1996.tb02695.x.

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12

Gotanda, Neil. "Critical Legal Studies, Critical Race Theory and Asian American Studies." Amerasia Journal 21, no. 1-2 (1995): 127–36. http://dx.doi.org/10.17953/amer.21.1-2.2j46202k85658662.

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13

Olsen, F. E. "Some Jurisprudential Foundations of Critical Legal Studies and Feminist Legal Theory." Current Legal Problems 51, no. 1 (1998): 533–61. http://dx.doi.org/10.1093/clp/51.1.533.

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14

Devlin, Richard F. "Mapping Legal Theory." Alberta Law Review 32 (June 1, 1994): 602. http://dx.doi.org/10.29173/alr1175.

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In this essay, the author briefly outlines recent trends in Canadian jurisprudence. Beginning with a brief overview of the classical jurisprudential debate between natural lawyers, legal positivists, and legal realists, the author then provides an introduction to a new theoretical tradition which he terms "Artifactualism", as well as a survey of contemporary "Artifactualist Jurisprudence". He argues that there has been a significant theoretical shift away from the classical conceptualization of law as morality (as embodied in natural law, and challenged by legal positivism and legal realism),

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15

Gonzalez, Marc Tizoc, Saru Matambanadzo, and Sheila I. Vélez Martínez. "Latina and Latino Critical Legal Theory: LatCrit Theory, Praxis and Community." Revista Direito e Práxis 12, no. 2 (2021): 1316–41. http://dx.doi.org/10.1590/2179-8966/2021/59628.

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Abstract LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The

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16

Hendrix, Brian Burge. "Two Perspectives on Legal Theory." Canadian Journal of Law & Jurisprudence 16, no. 2 (2003): 337–46. http://dx.doi.org/10.1017/s0841820900003751.

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17

Hunt, Alan. "The Critique of Law: What Is 'Critical' about Critical Legal Theory?" Journal of Law and Society 14, no. 1 (1987): 5. http://dx.doi.org/10.2307/1410293.

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18

Wall, Illan Rua. "Tunisia and the Critical Legal Theory of Dissensus." Law and Critique 23, no. 3 (2012): 219–36. http://dx.doi.org/10.1007/s10978-012-9107-8.

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19

Łakomy, Jakub. "Critical Jurisprudence of Duncan Kennedy and the Status of the Theory of Legal Interpretation." Krytyka Prawa 12, no. 3 (2020): 70–89. http://dx.doi.org/10.7206/kp.2080-1084.396.

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20

Knox, Robert. "What is to be Done (with Critical Legal Theory)?" Journal of Corporate Law Studies 13, no. 2 (2013): 30–46. http://dx.doi.org/10.5235/147359713808104351.

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21

Lindberg, Tracey. "Critical Indigenous Legal Theory Part 1: The Dialogue Within." Canadian Journal of Women and the Law 27, no. 2 (2015): 224–47. http://dx.doi.org/10.3138/cjwl.27.2.224.

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22

O'Brien, Sean Marie. "FISH VS. CLS: A DEFENSE OF CRITICAL LEGAL THEORY." Journal of Social Philosophy 23, no. 1 (1992): 64–73. http://dx.doi.org/10.1111/j.1467-9833.1992.tb00485.x.

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23

JABBARI, DAVID. "From Criticism to Construction in Modern Critical Legal Theory." Oxford Journal of Legal Studies 12, no. 4 (1992): 507–42. http://dx.doi.org/10.1093/ojls/12.4.507.

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24

Prien, Thore. "Review of Hauke Brunkhorst’s Critical Theory of Legal Revolutions." Philosophy & Social Criticism 41, no. 10 (2015): 1029–38. http://dx.doi.org/10.1177/0191453715595560.

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25

Kjaer, Poul F. "Hauke Brunkhorst: Critical Theory of Legal Revolutions: Evolutionary Perspectives." Journal of Law and Society 42, no. 2 (2015): 312–18. http://dx.doi.org/10.1111/j.1467-6478.2015.00710.x.

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26

West, Robin. "Critical Legal Theory and the Challenge of Feminism.Matthew Kramer." Ethics 107, no. 2 (1997): 372–76. http://dx.doi.org/10.1086/233735.

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27

Rountree, Clarke. "Rhetorical Knowledge in Legal Practice and Critical Legal Theory, Francis J. Mootz, III." Rhetoric Review 26, no. 3 (2007): 332–35. http://dx.doi.org/10.1080/07350190701575722.

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28

Saputra, Andy Hermana. "Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies." Journal of Transcendental Law 4, no. 1 (2022): 16–30. http://dx.doi.org/10.23917/jtl.v4i1.18415.

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It is time for Critical Legal Studies as a critical thought to be used to criticize the application of law in Indonesia. This criticism is very useful to build Indonesia which is in a transitional period as it is today from the forces that try to dominate both from our own country and abroad (international capitalist powers) and this is very dangerous. The criticality of Critical Legal Studies which is behind the emergence of a reform of the social reality and legal system that already exists in Indonesia, and its commitment to develop it as a legal theory and give birth to an innovation in th

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29

Tushnet, Mark. "Some Current Controversies in Critical Legal Studies." German Law Journal 12, no. 1 (2011): 290–99. http://dx.doi.org/10.1017/s2071832200016874.

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The first few years in the development of critical legal studies (CLS) saw an ongoing discussion of an issue that was framed as “rationalism v. irrationalism”. The labels, it now appears, were misleading, for the discussion can be better understood as concerning the utility - for purposes of orienting strategic action as well as of understanding the social order - of relatively large-scale social theories in the traditions of Marx and Weber. The distinctive contribution of CLS to leftist social thought, and the embodiment of the fact that one side in the earlier discussion more or less prevail

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30

Laabdi, Mourad. "Ibn Khaldūn Between Legal Theory and Legal Practice." Journal of Islamic Studies 32, no. 1 (2020): 27–61. http://dx.doi.org/10.1093/jis/etaa046.

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Abstract Modern studies of Ibn Khaldūn (d. 808/1406) have covered several aspects of his thought including historiography, pedagogy, philosophy, economy, urbanism and, most recently, mysticism. However, there remains conspicuously little on the place of the law within his intellectual enterprise despite the fact that the law had played a central role in his career as scholar, teacher, and statesman. This paper reconstructs two expressions of his relationship with the law: his conceptualization of it as a scholar, and his practice of it as a justice administrator. It first examines Ibn Khaldūn’

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31

Mańko, Rafał. "Critical Legal Theory in Central and Eastern Europe: In Search of Method." Acta Universitatis Lodziensis. Folia Iuridica 89 (December 31, 2019): 5–14. http://dx.doi.org/10.18778/0208-6069.89.01.

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Critical legal theory emerged in the United States in the 1970s, at a time when Central and Eastern Europe belonged to the Soviet bloc and was subject to the system of actually existing socialism. Therefore, the arrival of critical jurisprudence into the region was delayed. In Poland, the first texts on critical and postmodern legal theory began to appear at the end of the 1990s and the beginning of the 2000s. Lech Morawski’s monograph, characteristically entitled What Legal Scholarship Has to Gain from Postmodernism?, published in 2001, officially inaugurated a broader interest in postmodern

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32

Flanagan, Brian. "Causal Legal Semantics: A Critical Assessment." Journal of Moral Philosophy 10, no. 1 (2013): 3–24. http://dx.doi.org/10.1163/174552412x628832.

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A provision’s legal meaning is thought by many to be a function of its literal meaning. To explain the appearance that lawyers are arguing over a provision’s legal meaning and not just over which outcome would be more prudent or morally preferable, some legal literalists claim that a provision’s literal meaning may be causally, rather than conventionally, determined. I argue, first, that the proposed explanation is inconsistent with common intuitions about legal meaning; second, that explaining legal disagreement as a function of the causally determined meanings of moral terms requires, but la

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33

Kirkby, Coel. "How to do things with legal theory." International Journal of Law in Context 18, no. 4 (2022): 373–82. http://dx.doi.org/10.1017/s1744552322000374.

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AbstractLegal theory must not merely describe our world; it must also assist us acting in it. In this paper, I argue that teaching legal theory should show law students how to do things with legal theory. My pedagogical approach is contextual and historical. Students learn how to use theory by seeing how past jurists acted in their particular worlds by changing dominant concepts of law. Most introductory legal theory courses are organised by what I will call the usual story of jurisprudence. In this story, great thinkers in rival schools of legal thought attempt to answer perennial questions a

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34

Waluchow, Wil. "In Pursuit of Pragmatic Legal Theory." Canadian Journal of Law & Jurisprudence 15, no. 1 (2002): 125–52. http://dx.doi.org/10.1017/s0841820900002496.

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A critical review of Jules Coleman’s The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory. Coleman’s book has two principal objectives: (1) to defend both Inclusive Legal Positivism and Coleman’s influential views on the role of corrective justice in explaining tort law; and (2) to show how philosophical pragmatism can usefully be employed in defending such views. In this article I both outline and critique the main elements of Coleman's book. I also explore ways in which some of its central arguments could usefully be modified or extended to solve related jurispruden

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35

de Haan, Willem, Jos Silvis, and Philip A. Thomas. "Democracy, Rule of Law and Critical Legal Theory in Germany." Journal of Law and Society 18, no. 3 (1991): 347. http://dx.doi.org/10.2307/1410199.

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36

Hesselink, Martijn W. "Special Issue on Critical Legal Theory and European Private Law." European Review of Private Law 10, Issue 1 (2002): 3–5. http://dx.doi.org/10.54648/399181.

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37

Younglok Lee. "The Problem of the Orientation toward Justice in the Theory of Justice - A Critical Review on Rawls' Conception of Justice -." KOOKMIN LAW REVIEW 29, no. 2 (2016): 351–80. http://dx.doi.org/10.17251/legal.2016.29.2.351.

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38

Fiala, Andrew. "Legal But Rare." International Journal of Applied Philosophy 33, no. 2 (2019): 203–20. http://dx.doi.org/10.5840/ijap2020227124.

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This paper argues that it is not incoherent to think that abortion should be “legal but rare.” The argument draws upon virtue ethics, feminism, critical theory, and the theory of biopolitics to argue that the idea that abortion should be legal but rare is best understood as aiming at the elimination of unwanted pregnancies. Some pro-choice defenders of abortion rights worry that the “legal but rare” idea stigmatizes women who choose abortion. But when this idea is unpacked using the tools of intersectional analysis, biopolitical theory, and virtue ethics it can be understood as pointing toward

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39

Satie, Luis. "Law and aesthetics: critical note." Revista Direito GV 6, no. 2 (2010): 631–40. http://dx.doi.org/10.1590/s1808-24322010000200013.

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It is thought in the theory and philosophy of law, aimed at discussing the conditions of possibility of rapprochement between the art form and legal form. The text investigates, dialectically, the implications for the legal philosophy of the impossibility of such approximation, and the problems in a conservative approximation. It follows that: 1) would be a loss for a reason and therefore to legal philosophy, not to communicate between art and law; 2) the relationship between legal and aesthetic standards should be guided by the critical, especially in terms of Adorno's thought. It is by overc

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40

Sargent, Sarah. "Transracial adoption in England: a critical race and systems theory analysis." International Journal of Law in Context 11, no. 4 (2015): 412–25. http://dx.doi.org/10.1017/s1744552315000270.

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AbstractThe legal requirements of transracial adoption of children in England changed in 2014. An amendment to the law removed a requirement that due consideration be given to the ‘child's religious persuasion, racial origin and ethnic and linguistic background’. This change was motivated by the belief that to do so would increase the number of transracial adoptions and thus decrease the number of children in care awaiting adoption. The likelihood of this change being successful is examined through a combination of critical race theory and systems theory. The combination of these theories perm

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41

C. B. Bittar, Eduardo. "Consonances and Dissonances Between Legal Realisms." Undecidabilities and Law, no. 1 (June 30, 2021): 161–89. http://dx.doi.org/10.14195/2184-9781_1_8.

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This paper is a comparative reflection of the models of Legal Realism in the Theory of Law, considering the North-American Legal Realism, the Scandinavian Legal Realism and the Brazilian Legal Realism. This article presents the Theory of Realistic Humanism within Legal Realism with the Critical Theory of Law.

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42

Widyawati, Anis, Pujiyono Pujiyono, and Nur Rochaeti. "Elimination of Sexual Violence in Feminist Legal Theory." Journal of Indonesian Legal Studies 6, no. 2 (2021): 333–52. http://dx.doi.org/10.15294/jils.v6i2.48346.

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The closeness of women to poverty shows that development still maintains women's subordination and places women in a marginal position. What is the analysis of the Feminist Legal Theorist (FLT) in the elimination of sexual violence? Feminist Legal Theory (FLT) as one of the streams in Philosophy of Law is one of the schools of thought that was born from the main philosophy of the paradigm of Critical Theory Feminist Legal Theory (FLT) as one of the streams in the paradigm of critical theory. It is used to analyze the complexity of the needs of victims, both women, girls, boys, and girls. The B

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43

Ladson-Billings, Gloria, and William F. Tate. "Toward a Critical Race Theory of Education." Teachers College Record: The Voice of Scholarship in Education 97, no. 1 (1995): 47–68. http://dx.doi.org/10.1177/016146819509700104.

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This article asserts that despite the salience of race in U.S. society, as a topic of scholarly inquiry, it remains untheorized. The article argues for a critical race theoretical perspective in education analogous to that of critical race theory in legal scholarship by developing three propositions: (1) race continues to be significant in the United States; (2) U.S. society is based on property rights rather than human rights; and (3) the intersection of race and property creates an analytical tool for understanding inequity. The article concludes with a look at the limitations of the current

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44

Boyle, James. "The Politics of Reason: Critical Legal Theory and Local Social Thought." University of Pennsylvania Law Review 133, no. 4 (1985): 685. http://dx.doi.org/10.2307/3312124.

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45

KRYGIER, MARTIN. "CRITICAL LEGAL STUDIES AND SOCIAL THEORY—A RESPONSE TO ALAN HUNT." Oxford Journal of Legal Studies 7, no. 1 (1987): 26–39. http://dx.doi.org/10.1093/ojls/7.1.26.

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46

Tushnet, Mark. "Survey Article: Critical Legal Theory (without Modifiers) in the United States." Journal of Political Philosophy 13, no. 1 (2005): 99–112. http://dx.doi.org/10.1111/j.1467-9760.2005.00215.x.

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47

Reichold, Anne. "Normativity and negativity in Hauke Brunkhorst’s Critical Theory of Legal Revolutions." Philosophy & Social Criticism 41, no. 10 (2015): 985–93. http://dx.doi.org/10.1177/0191453715581075.

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48

Minto, Robert. "Introduction to the special section on Critical Theory of Legal Revolutions." Philosophy & Social Criticism 41, no. 10 (2015): 983–84. http://dx.doi.org/10.1177/0191453715609653.

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49

Boonen, Christiaan. "Book Review: Hauke Brunkhorst, Critical Theory of Legal Revolutions: Evolutionary Perspectives." Political Studies Review 14, no. 4 (2016): 558–59. http://dx.doi.org/10.1177/1478929916663336.

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50

Njoya, Wairimu. "The Progress of Law: Aeschylus’s Oresteia in Feminist and Critical Theory." Political Theory 48, no. 2 (2019): 139–68. http://dx.doi.org/10.1177/0090591719884570.

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The Oresteia is conventionally read as an account of progress from the age of private vendetta to the public order of legal justice. According to G.W.F. Hegel, an influential proponent of this view, the establishment of a court in Athens was the first step in the progressive universalization of law. For feminists and Frankfurt School theorists, in contrast, the Oresteia offers an account of the origins of patriarchy and class domination by legal means. This article examines the two competing interpretations of Aeschylus’s trilogy, arguing that they are not mutually exclusive. Rather than rejec

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