Critical Race Theory
Critical legal studies is both a criticism and continuation of American realism. Dicuss propostion critically:
Is critical legal studies a continuation of American realism: * Even though CLS has through its own proponents gathered its own intellectual traditions, they owe alot to the realists for their existence. As a student in an article wrote, there is a close relationship between CLS and realists, especially seeing as CLS adopted to main ideas from the realists: a. A critical approach to the acceptance of wisdom within legal tradition by percieveing these canons relative to the time in which they fit in (therefore not totally perceive in abstract) b. As well as thorough analytical jurisprudence
Trust in ‘historiography’: * The CLS developed a more mature historiography than that of the realists. The development of the CLS was during the time period when Realism’s idea was incorporated in the law. This idea was the external influences to the legal order had a bigger effect on the development of the law than internal abstract legal principles. The realists did not delve deeper than the mere notion that the reality has a profound effect on the law and the outcomes (solutions) of the law. * The CLS developed this idea further w.r.t the so-called ‘first principles; and the idea that these principles were produced by historical circumstances and historic-specific methods of analysis. This also lead to the idea that the basic presumptions underlying and determining the doctrines (not merely doctrines themselves) are contingent rather than necessary. * Political ideas: * The realists started with the idea of social responsibility as legal professionals, and placed heavy emphasis on other branches (directions) and their influence of the law. The realists approach the law of a field of study with a political nature. The law can be separated from the political perceptions of people, or the political policy which influences society.
Is critical legal studies a continuation of American realism: * Even though CLS has through its own proponents gathered its own intellectual traditions, they owe alot to the realists for their existence. As a student in an article wrote, there is a close relationship between CLS and realists, especially seeing as CLS adopted to main ideas from the realists: a. A critical approach to the acceptance of wisdom within legal tradition by percieveing these canons relative to the time in which they fit in (therefore not totally perceive in abstract) b. As well as thorough analytical jurisprudence
Trust in ‘historiography’: * The CLS developed a more mature historiography than that of the realists. The development of the CLS was during the time period when Realism’s idea was incorporated in the law. This idea was the external influences to the legal order had a bigger effect on the development of the law than internal abstract legal principles. The realists did not delve deeper than the mere notion that the reality has a profound effect on the law and the outcomes (solutions) of the law. * The CLS developed this idea further w.r.t the so-called ‘first principles; and the idea that these principles were produced by historical circumstances and historic-specific methods of analysis. This also lead to the idea that the basic presumptions underlying and determining the doctrines (not merely doctrines themselves) are contingent rather than necessary. * Political ideas: * The realists started with the idea of social responsibility as legal professionals, and placed heavy emphasis on other branches (directions) and their influence of the law. The realists approach the law of a field of study with a political nature. The law can be separated from the political perceptions of people, or the political policy which influences society.