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Jurisprudence: Critical Legal Theory

Subjects: Law, Philosophy

Modernism & Critical (Legal) Theory/Thinking/Studies

"A family of new legal theories, launched since 1970, share commitments to criticize not merely particular legal rules or outcomes, but larger structures of conventional legal thought and practice. According to critical legal scholars, dominant legal doctrines and conceptions perpetuate patterns of injustice and dominance by whites, men, the wealthy, employers, and heterosexuals. The "Crits" argue that prevailing modes of legal reasoning pretend to afford neutral and objective treatment of claims while shielding structures of power from fundamental reconsideration. Critical theorists also maintain that despite the law's claims to accord justified, determinate and controlled expressions of power, law fails on each of these dimensions and instead law mystifies outsiders in an effort to legitimate the results in courts and legislatures. " Overview of Critical Legal Theory on The Bridge (see link below)

Specific subject searches to use in SOLO include:

Critical Legal Studies
Sociological jurisprudence

Critical Race Theory (CRT)

Originating in the US civil rights movement of the 1970s, CRT has since developed sub-categories, crossed jurisdictional borders, and into aspects of public international law. For example Asian American Legal Scholarship, LatCrit (Latin American), and Critical Indigenous Legal Theory.

Critical Theory Methodology

Useful articles may appear in non-legal journals. Some examples are: