Critical Legal Studies

Question 1

What are the key themes of critical legal studies?

Answer 1

• critical legal orthodoxy
• rejects possibility of value neutrality in law
• law is always political

Question 2

Alienation

Answer 2

the product of societies where hierarchy is the dominant form of social organization, powerlessness perpetuates domination and injustice

Question 3

Ideological hegemony

Answer 3

Ability of the ruling social class to control relations of others through coercive and consensual means of authority.

Question 4

Counter hegemony

Answer 4

attempts to dismantle hegemonic power.

Question 5

What is critical legal studies critique of ideologies of law?

Answer 5

social conflict is channeled through individualizing structures that claim legitimacy through authoritarian symbols. Ideologies of law legitimize unjust social structures by framing law as abstract, neutral and impartial. Legal rights are a double edged sword, they do not guarantee social equality.

Question 6

Explain critical legal studies’ political activist agenda

Answer 6

This agenda radically restructures the law from within. Exposes and demystifies law’s unjust and oppressive ideologies which enable neoliberal capitalist hegemony. Calls for greater social justification of judicial decisions beyond precedent.