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Critical Legal Theory
Critical legal studies (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 us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Critical Theory
A critical theory is any approach to social philosophy that focuses on society and culture to reveal, critique and challenge power structures. With roots in sociology and literary criticism, it argues that social problems stem more from social structures and cultural assumptions than from individuals. It argues that ideology is the principal obstacle to human liberation. Critical theory finds applications in various fields of study, including psychoanalysis, sociology, history, communication theory, philosophy and feminist theory. Specifically, Critical Theory (capitalized) is a school of thought practiced by the Frankfurt School theoreticians Herbert Marcuse, Theodor Adorno, Walter Benjamin, Erich Fromm, and Max Horkheimer. Horkheimer described a theory as critical insofar as it seeks "to liberate human beings from the circumstances that enslave them." Although a product of modernism, and although many of the progenitors of Critical Theory were skeptical of postmoderni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation (France)
The Court of Cassation (french: Cour de cassation ) is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris. The Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal; nor over cases involving constitutional issues, which fall within the jurisdiction of the Constitutional Council; nor over cases involving disputes about which of these courts has jurisdiction, which are heard by the Jurisdictional Disputes Tribunal. Collectively, these four courts form the topmost tier of the Fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gary Peller
Gary Peller (born 1955) is Professor of Law at Georgetown University Law Center and a prominent member of the critical legal studies and critical race theory movements. Education and early career Peller received a Bachelor of Arts degree from Emory University in 1977 and a Juris Doctor degree from Harvard Law School where he served as a member of the ''Harvard Law Review''. Peller then clerked for Morris Lasker, a judge of the United States District Court for the Southern District of New York. He is currently a member of the Maryland state bar. Academic work and influence Peller was one of the central figures at the Conference on Critical Legal Studies. With Kimberlé Crenshaw, Peller co-authored a widely cited article, "The Contradictions of Mainstream Constitutional Theory", published in the ''UCLA Law Review'', and co-edited one of the standard texts in critical race theory. Peller is among the irrationalist branch of the critical legal studies movement, arguing that ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Martti Koskenniemi
Martti Antero Koskenniemi (born 18 March 1953) is a Finnish international lawyer and former diplomat. Currently he is professor of International Law in the University of Helsinki and Director of the Erik Castrén Institute of International Law and Human Rights, as well as Centennial Professor at the Law Department of the London School of Economics. He is well known for his critical approach to international law. In 2008–2009 he held the seat of distinguished visiting Goodhart Professor at the Faculty of Law, Cambridge University. In 2011 Koskenniemi was Peace of Utrecht professor at Utrecht University. In 2014 he was elected a Corresponding Fellow of the British Academy. Koskenniemi is currently serving as an Academy Professor for the Academy of Finland. Previously he has been Global Professor of Law in the New York University, and a member of the International Law Commission (2002–2006). He served in the Finnish Diplomatic Service in the years 1978–1996, lastly as direct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Kennedy (jurist)
David W. Kennedy (born 1954) is an American academic and legal scholar known for his work on, and criticism of, international law. he is the Manley Hudson Professor of Law and the Director of the Institute for Global Law and Policy (IGLP) at Harvard Law School, where he teaches the courses "Global Law and Governance", "Law and Economic Development" and "Expertise and Rulership in Law and Science". He has been a professor at Harvard Law School since 1981, although for a few years he held an appointment at Brown University, as Vice President International Affairs and the David and Marianna Fisher University Professor of International Relations. Life and career David Kennedy obtained his A.B. from Brown University in 1976, graduating ''cum laude''. In 1979 he completed a Master of Arts in Law and Diplomacy at the Fletcher School of Law and Diplomacy at Tufts University. He then attended Harvard Law School, where he graduated ''magna cum laude'' with a J.D. in 1980, after which he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catharine MacKinnon
Catharine Alice MacKinnon (born October 7, 1946) is an American radical feminist legal scholar, activist, and author. She is the Elizabeth A. Long Professor of Law at the University of Michigan Law School, where she has been tenured since 1990, and the James Barr Ames Visiting Professor of Law at Harvard Law School. From 2008 to 2012, she was the special gender adviser to the Prosecutor of the International Criminal Court. As an expert on international law, constitutional law, political and legal theory, and jurisprudence, MacKinnon focuses on women's rights and sexual abuse and exploitation, including sexual harassment, rape, prostitution, sex trafficking and pornography. She was among the first to argue that pornography is a civil rights violation, and that sexual harassment in education and employment constitutes sex discrimination. MacKinnon is the author of over a dozen books, including ''Sexual Harassment of Working Women'' (1979); ''Feminism Unmodified'' (1987), ''Toward a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alan Hunt (professor)
Alan Hunt was formerly the Chancellor's Professor of Sociology and Law at Carleton University. He had a B.A. Hons. in Sociology; LL.B.; Ph.D. in Sociology (University of Leeds , mottoeng = And knowledge will be increased , established = 1831 – Leeds School of Medicine1874 – Yorkshire College of Science1884 - Yorkshire College1887 – affiliated to the federal Victoria University1904 – University of Leeds , ..., UK). His main fields of research interests included legal theory, sociology of law, the relationship between legal and social theory, social regulation and the way in which law interacts with other forms of control, with a particular interest in the regulation of consumption (e.g. alcohol, tobacco, etc.). He researched the relationship between moral and legal regulation with particular reference to the control of sexuality, prostitution and pornography. In addition, he was the founding chair of the Critical Legal Conference. Books * ''Governing Morals: A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mark Kelman
Mark Kelman (born August 20, 1951) is jurist and vice dean of Stanford Law School. As a prominent legal scholar, he has applied social science methodologies, including economics and psychology, to the study of law. He is one of the most cited law professors. He is regarded as one of the co-founders of the critical legal studies movement and authored "A Guide to Critical Legal Studies." He is widely known for his influential 1978 critique of the Coase theorem, a core part of law and economics. He graduated from Harvard College and Harvard Law School. Narrative Being a published novelist, Kelman is well aware of the role of narrative in forming a sense of personal identity - as also of the way narratives may be incriminating or exculpatory, depending on the time frame used. Thus, for example, when viewed in a long enough time-frame, a criminal act which appears at first sight the result of individual responsibility ''may'', Kelman suggests, be instead the deterministic result of s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Drucilla Cornell
Drucilla Cornell (born 16 June 1950), is an American philosopher and feminist theorist, whose work has been influential in political and legal philosophy, ethics, deconstruction, critical theory, and feminism. Cornell is an emerita Professor of Political Science, Comparative Literature and Women's & Gender Studies at Rutgers University the State University of New Jersey; Professor Extraordinaire at the University of Pretoria, South Africa; and a visiting professor at Birkbeck College, University of London. Education She received her Bachelor of Arts (B.A.) in Philosophy and Mathematics from Antioch College in 1978, and her Juris Doctor (J.D.) from University of California Los Angeles Law School in 1981. Career All of Cornell's diverse work is dedicated to thinking the possibility of a more just future through political and legal philosophy, feminism, and critical theory. Cornell is perhaps best known for her numerous interventions into feminist legal philosophy: ''Beyond Accomm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derrick Bell
Derrick Albert Bell Jr. (November 6, 1930 – October 5, 2011) was an American lawyer, professor, and civil rights activist. Bell worked for first the U.S. Justice Department, then the NAACP Legal Defense Fund, where he supervised over 300 school desegregation cases in Mississippi. After a decade as a civil rights lawyer, Bell moved into academia where he spent the second half of his life. He started teaching at USC Law School, then moved to Harvard Law School where he became the first tenured African-American professor of law in 1971. From 1991 until his death in 2011, Bell was a visiting professor at New York University School of Law, and a dean of the University of Oregon School of Law. Bell developed important scholarship, writing many articles and multiple books, using his practical legal experience and his academic research to examine racism, particularly in the legal system. Bell questioned civil rights advocacy approaches, partially stemming from frustrations in his own ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Formalism
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may underlie different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. The ultimate goal of that kind of formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically—from which the term "mechanical jurisprudence" comes. The antithesis of formalism is legal realism, which has been said to be " rhaps the most pervasive and accepted theory of how judges arrive at legal decisions." This descriptive conception of "legal formalism" can be extended to a normative theory, which holds that judges should decide cases by the appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
