Chapter

Uses of Critique

Neil Duxbury

in Patterns of American Jurisprudence

Published in print July 1997 | ISBN: 9780198264910
Published online March 2012 | e-ISBN: 9780191682865 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264910.003.0007
Uses of Critique

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This chapter argues that critical legal studies in the United States have clear connections with the realist jurisprudential tradition. It addresses as especially interesting the ways in which critical legal studies, like legal realism itself, has been dismissed as a jurisprudence without a conclusion. It ends in the outgrowths from critical legal studies—particularly in feminist jurisprudential literature and in critical race theory—that discover American legal theorists at last moving beyond realist and critical legal thought in ways which do not entail the basic appeal to consensus which is evident in the law and economics and process traditions. The emergence of critical legal studies is presented. In addition, a discussion on the jurisprudence of the 1980s is given. Feminist jurisprudence and critical race theory may be read as a call for an end to the quest for consensus.

Keywords: legal studies; American jurisprudence; consensus; economics; feminist jurisprudence; race theory

Chapter.  46551 words. 

Subjects: Jurisprudence and Philosophy of Law

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