Chapter

Critical Legal Studies

John Finnis

in Philosophy of Law

Published in print April 2011 | ISBN: 9780199580088
Published online September 2011 | e-ISBN: 9780191729409 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580088.003.0014
Critical Legal Studies

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This chapter presents a critical examination of Unger's seminal article and book The Critical Legal Studies Movement, and of its account of legal thought, tested against its account of certain ‘exemplary’ difficulties in the Anglo-American law of contract. Unger's account fundamentally misconstrues the ways of legal thought and hides its misunderstanding behind equivocations on ‘(in)determinate’ and ‘(un)justified’ and neglect of under-determination. Its triadic schemas are too complex and too simple to capture the problems with which any law of contract must grapple. Underlying the Movement is a poverty-stricken conception of the forms of human good and a scepticism resting on unsound arguments. The result is a threat to the vulnerable in society.

Keywords: Unger; Critical Legal Studies Movement; contract law; indeterminacy; under-determination; forms of human good; scepticism

Chapter.  8740 words. 

Subjects: Jurisprudence and Philosophy of Law

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