Chapter

‘Legal Liberalism’ or <i>Liber et Legalis</i>?

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/9780199580088.003.0015
‘Legal Liberalism’ or Liber et Legalis?

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This chapter presents a brief unpublished essay on David Price's critique of Critical Legal Studies (CLS) and defence of ‘legal liberalism’. The latter category, much promoted by Unger and others in the Movement, is not a safe description of the rights and rule of law that Price wishes to defend against CLS antipathy and subversion. Indeed, ‘liberalism’ is not a term fir for use in doing legal or political theory, as the example of Aristotle and Aquinas suggests. Nor should we concede as much as Price does to CLS claims about contradictions in the law.

Keywords: Critical Legal Studies; legal liberalism; rule of law; liberalism; contradictions in the law

Chapter.  3123 words. 

Subjects: Jurisprudence and Philosophy of Law

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