|
Critical Legal Studies
Critical legal (CLS) is a school of critical theory that developed in the United States during the 1970s.Alan Hunt, "The Theory of Critical Legal Studies," Oxford Journal of Legal Studies, Vol. 6, No. 1 (1986): 1-45, esp. 1, 5. Se DOI, 10.1093/ojls/6.1.1. CLS adherents claim that laws are devised to maintain the status quo of society and thereby codify its biases against marginalized groups. Despite wide variation in the opinions of critical legal scholars around the world, there is general consensus regarding the key goals of critical legal studies: * to demonstrate the ambiguity and possible preferential outcomes of supposedly impartial and rigid legal doctrines; * to publicize historical, social, economic and psychological results of legal decisions; * to demystify legal analysis and legal culture in order to impose transparency on legal processes so that they earn the general support of socially responsible citizens. The abbreviations "CLS" and "Crit" are sometimes used ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Critical Theory
Critical theory is a social, historical, and political school of thought and philosophical perspective which centers on analyzing and challenging systemic power relations in society, arguing that knowledge, truth, and social structures are fundamentally shaped by power dynamics between dominant and oppressed groups. Beyond just understanding and critiquing these dynamics, it explicitly aims to transform society through praxis and collective action with an explicit sociopolitical purpose.Ludovisi, S.G. ed., 2015. Critical theory and the challenge of praxis: Beyond reification. Ashgate Publishing, Ltd. Critical theory's main tenets center on analyzing systemic power relations in society, focusing on the dynamics between groups with different levels of social, economic, and institutional power. Unlike traditional social theories that aim primarily to describe and understand society, critical theory explicitly seeks to critique and transform it. Thus, it positions itself as bot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roberto Unger
Roberto Mangabeira Unger (; ; born 24 March 1947) is a Brazilian philosopher and politician. His work is in the tradition of Western philosophy and classical social theory, and is developed across fields in legal theory, philosophy and religion, social and political theory, progressive alternatives, and economics. In natural philosophy he is known for ''The Singular Universe and the Reality of Time''. In social theory he is known for '' Politics: A Work in Constructive Social Theory''. In legal theory he was associated with the Critical Legal Studies movement, which helped disrupt the methodological consensus in American law schools. His political activity helped the transition to democracy in Brazil in the aftermath of the military regime, and culminated with his appointment as Brazil's Minister of Strategic Affairs in 2007 and again in 2015. His work is seen to offer a vision of humanity and a program to empower individuals and change institutions.Smolin, Lee. "No Eternal Truth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Court
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Realism
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced. Indeed, legal realism asserts that the law cannot be separated from its application, nor can it be understood outside of its application. As such, legal realism emphasizes law as it actually exists, rather than law as it ought to be. Locating the meaning of law in places such as legal opinions issued by judges and their deference to or dismissal of precedent and the doctrine of ''stare decisis'', it stresses the importance of understanding the factors involved in judicial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Formalism
Legal formalism is both a descriptive theory of how judges decide cases and a Normative, normative theory of how judges should decide Legal case, cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the Trier of fact, facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. U.S. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice. The ultimate goal of legal formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hastings Law Journal
The ''UC Law Journal'' is the oldest law journal at the University of California, College of the Law, San Francisco (formerly University of California, Hastings College of the Law). It began in 1949 in San Francisco, California as the ''Hastings Law Journal''. As of 1997, it is under the umbrella of the O'Brien Center for Scholarly Publications. The Journal has six issues per volume in December, January, March, May, June, and August. Every year, the Journal hosts a symposium inviting speakers from around the country on varied topics. One issue per volume is dedicated to articles on the Symposium. Washington & Lee ranks the ''UC Law Journal'' well, coming in at number 31 in 2011. Articles cited in the U.S. Supreme Court A 1987 article was cited in the recent Supreme Court Case of ''American Needle Inc. v. National Football League.'' The article, ''Conflicts of Interest and Fiduciary Duties in the Operation of a Joint Venture'' was written by Professor Zenichi Shishido of Japan. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pierre Bourdieu
Pierre Bourdieu (, ; ; ; 1 August 1930 – 23 January 2002) was a French sociologist and public intellectual. Bourdieu's contributions to the sociology of education, the theory of sociology, and sociology of aesthetics have achieved wide influence in several related academic fields (e.g. anthropology, media and cultural studies, education, popular culture, and the arts). During his academic career he was primarily associated with the School for Advanced Studies in the Social Sciences in Paris and the Collège de France. Bourdieu's work was primarily concerned with the dynamics of power in society, especially the diverse and subtle ways in which power is transferred and social order is maintained within and across generations. In conscious opposition to the idealist tradition of much of Western philosophy, his work often emphasized the corporeal nature of social life and stressed the role of practice and embodiment in social dynamics. Building upon and criticizing the theor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conseil D'État (France)
In France, the (; Council of State) is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system. Established in 1799 by Napoleon as a successor to the King's Council (), it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France. Members of the Council of State are part of a Grand Corps of the French State (''Grand corps de l'État''). The Council of State mainly recruits from among the top-ranking students graduating from the ''École nationale d'administration''. Composition A General Session of the Council of State is presided over by the Prime Minister or, in their absence, the Minister of Justice. However, since the real presidency of the Council is held by the Vice-President, the Vice Preside ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation (France)
The Court of Cassation (, ) is the supreme court for civil and criminal cases in France. It is France's highest court. It is one of the country's four superior courts, along with the Conseil d'État (France), Council of State, the Constitutional Council (France), Constitutional Council and the Tribunal des conflits, Jurisdictional Disputes Tribunal. It primarily hears appeals against the decisions of Cour d'assises, courts of assizes and Court of appeal (France), courts of appeal (appeals-in-cassation). The Court only reviews questions of law (but not questions of fact) and bears ultimate responsibility for a uniform interpretation and application of statutory law throughout France. It also filters out appeals challenging the constitutionality of statutes before forwarding them to the Counstitutional Council, reviews lower court verdicts on request of the European Court of Human Rights and hears several other types of cases. The Court is organized into three civil chambers, a c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deconstruction
In philosophy, deconstruction is a loosely-defined set of approaches to understand the relationship between text and meaning. The concept of deconstruction was introduced by the philosopher Jacques Derrida, who described it as a turn away from Platonism's ideas of "true" forms and essences which are valued above appearances. Since the 1980s, these proposals of language's fluidity instead of being ideally static and discernible have inspired a range of studies in the humanities, including the disciplines of law, anthropology, historiography, linguistics, sociolinguistics, psychoanalysis, LGBT studies, and feminism. Deconstruction also inspired deconstructivism in architecture and remains important within art, music, and literary criticism. Overview Jacques Derrida's 1967 book '' Of Grammatology'' introduced the majority of ideas influential within deconstruction. Derrida published a number of other works directly relevant to the concept of deconstruction, such as '' Diff ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marxism
Marxism is a political philosophy and method of socioeconomic analysis. It uses a dialectical and materialist interpretation of historical development, better known as historical materialism, to analyse class relations, social conflict, and social transformation. Marxism originates from the works of 19th-century German philosophers Karl Marx and Friedrich Engels. Marxism has developed over time into various branches and schools of thought, and as a result, there is no single, definitive " Marxist theory". Marxism has had a profound effect in shaping the modern world, with various left-wing and far-left political movements taking inspiration from it in varying local contexts. In addition to the various schools of thought, which emphasize or modify elements of classical Marxism, several Marxian concepts have been incorporated into an array of social theories. This has led to widely varying conclusions. Alongside Marx's critique of political economy, the defining cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Critical Legal Conference
The Critical Legal Conference (CLC) is an annual critical legal theory conference which gathers a community of critical legal theoreticians and activists. Along with the Conference on Critical Legal Studies in America, and Critique du Droit in France it contributed to the formation of critical legal theory as a movement and field. The conference is based in the UK but it has also been held in India, Finland and Ireland. It is associated with the critical legal studies (CLS) movement and loosely associated with the journal Law & Critique. Despite the putative association with American CLS, Costas Douzinas, who has been closely involved with the British CLC from its outset, has argued that their ethos are very different. American CLS was intellectually focused on the "critique of the judicial institutions and reasoning" while its politics "were largely exhausted in the intrigue of the academy and the endless search for media exposure". Originally published in If, on the one hand, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
