Critical Legal Theory Of Law

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Jurisprudence 2 assignment Critical legal scholars view law and politics as inseparable. Do you believe that legal reasoning is inherently a political activity or does law represent an autonomous system of interpretation and reasoning? Explain with reference to specific authors. Introduction: [] Critical legal studies are defined as “a theory that challenges and overturns accepted norms and standards in legal theory and practice” . The basic ideas behind Critical Legal theory is that law is politics based, and that the law merely exist to support the interest of the party or class that forums it . As Wacks states a very important feature of critical legal theory is how it draws on politics and philosophy . Critical theorists of law would…show more content…
Unger himself stated that he has put forward a school of taught that he said “has undermined the central ideas of modern legal taught and put another legal concept in their place” . In his more recent works Unger stated his aim was to provide a new theory to social democracy. Unger uses the law of contract as an example of contradictory models existing within an apparent objective legal system . He says the conflict relates to how contract law can be seen to actually effect and regulate how members of society can interact with each other in a social aspect where contracts are concerned . Unger would use this as a means of illustrating how certain areas of law can actually regulate how a person acts and what the can and cannot do within…show more content…
It is important to note that this is close to the idea of formalism. Formalism main goal was to use legal analysis to identify the “inbuilt legal content of a… free society” . Unger argue this “Reasoned elaboration” is a simple process whereby law can be uncovered by simple interpretation. Unger also address law in a political context mainly focusing on the organization of society. Unger described society as including a “combination of neoliberal orthodoxy, state capitalism, and compensatory redistribution by tax and transfer” . Unger would say that by the enactment of certain laws politics are having aninfluence over what people can do in

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