Strolling down the Path of the Law (And toward Critical Legal Studies?): The Jurisprudence of Richard Posner

1991 ◽  
Vol 91 (5) ◽  
pp. 1221 ◽  
Author(s):  
Sanford Levinson ◽  
Richard A. Posner
2011 ◽  
Vol 12 (1) ◽  
pp. 115-158 ◽  
Author(s):  
David M. Trubek ◽  
John Esser

What should we make of Susan Silbey's call for socio-legal scholarship that is both critical and empirical? Do we think the law and society movement can and should develop a critique of the legal order? Can empirical research contribute to such a critique? Does the idea of a “critical sociology of law” make any sense at all?


Legal Studies ◽  
1993 ◽  
Vol 13 (3) ◽  
pp. 323-331 ◽  
Author(s):  
Ian Ward

In 1979, Allen Smith suggested that there was to be a ‘coming renaissance’ in Law and Literature as a teaching discipline. In fact, Law and Literature had already arrived. In 1973, James Boyd White had publishedhis The Legal Imagination, and had geared it primarily to the teaching and study of law. Of the many intriguing characteristics of the Law and Literature movement, one of the most exciting and most valuable, is the fact that, unlike many other theoretical approaches to the problems of law, the ambition of Law and Literature is firstly educative, and only then, secondly, social and political. Moreover this secondary ambition, has tended, in two senses, to be appended to the educational ambition. In one sense, it is additional in that the political manifesto is supposed to emerge from the educational force of literature. In a second sense, it is additional because politics was certainly not such a ranking ambition in the earliest days of the Law and Literature movement, and it is no concidence that the politicization of Law and Literature has come about as its star has risen, whilst that of Critical Legal Studies has declined


2018 ◽  
Vol 18 (2) ◽  
pp. 167
Author(s):  
Nita Triana

This research describes the protection of women victims of domestic violence in divorce cases. Domestic violence victims are hidden in divorce cases in the Religious Courts. The positivistic paradigm adopted by the Judges gives less protection to victims of domestic violence. The method used in this study is a qualitative method, a type of doctrinal legal research with a socio-legal  approach. Domestic violence victims in the Religious Courts need a new paradigm to provide protection for victims of domestic violence. Religious Court Judges who have a positivistic paradigm see the law as a book (act). The judge in examining the domestic violence in divorce only adheres to the law relating to marriage, namely Law No. 1 of 1974 and Compilation of Islamic Law. Paradigm of Critical Legal Studies. build critical awareness in law enforcement by improving the legal system and carrying out a reformation in the institutions responsible for the protection of victims of domestic violence, one of which is the Religious Courts. Also consider the PKDRT Law No. 23 of 2004 concerning the elimination of domestic violence even covering legal culture of family, community, health and psychological.


2012 ◽  
Vol 37 (01) ◽  
pp. 155-166 ◽  
Author(s):  
Christopher Tomlins

For more than twenty-five years, Robert Gordon's “Critical Legal Histories” has been savored by legal historians as one of the most incisive explanations available of what legal history can and should be. Gordon's essay, however, is of significance to the course of sociolegal studies in general. This commentary offers an appreciation, and a critique, of “Critical Legal Histories.” It explores Gordon's articulation of the central themes of critical legal studies, in particular his corrosion of functionalism and embrace of the indeterminacy thesis, and assesses the consequences for sociolegal and legal-historical analysis of the resultant stress on the contingency and complexity of social life.


PMLA ◽  
2005 ◽  
Vol 120 (2) ◽  
pp. 442-453 ◽  
Author(s):  
Julie Stone Peters

I begin with a story: Some never-to-be-untangled amalgamation of history, caricature, and the truer than true that is fiction. A little over a decade ago, at a great and august university, a group of professors met to talk about law and literature. Most of the literature professors had been Vietnam War protesters, staged sit-ins, marched on Washington. Some of the law professors had spent time in Paris listening to Derrida and smoking Gauloises by the Seine. They had all watched the birth and death of deconstruction, critical legal studies, new historicism, various feminisms (though they weren't positively sure all these were dead). The law professors had been reading Adorno and Althusser; Barthes, Benjamin, and Butler; Deleuze and Derrida. The literature professors had been reading the Critical Legal Studies Reader and Amnesty International reports. The law professors were worried that narratology and post-colonial theory might already be passé. The literature professors were concerned, as a matter of principle.


FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (4) ◽  
pp. 284
Author(s):  
Meta Nadia Winata ◽  
Naomi Jesica ◽  
Lusi Septiyati

Pancasila is an ideology of Indonesia. One of the precepts of Pancasila is the principle of Social Justice for All Indonesians implies that all Indonesian people have the same position before the law. But nowdays, there have been many cases of injustice against the poor citizens. Therefore this research journal is about the realization of social justice for the underprivileged people in the philosophy of law, especially based on the theory named Critical Legal Studies.Keywords: Critical Legal Studies; Injustice; Poor Citizens


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