Chapter

Critical Legal Studies and the New Stream

Andrea Bianchi

in International Law Theories

Published in print November 2016 | ISBN: 9780198725114
Published online January 2017 | e-ISBN: 9780191792533 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198725114.003.0007
Critical Legal Studies and the New Stream

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The chapter addresses the origins of the Critical Legal Studies movement with a view to reconstructing the conditions for its emergence as a movement of radical reform. The marked political character of the law, and its unavoidable indeterminacy, are some of the recurrent themes of the movement that have been later imported into international law by a ‘New Stream’ of international law scholars. The questions discussed include: What are the consequences of the indeterminacy thesis? Are there limits to a deconstructivist approach? What is the audience addressed by this particular strand of scholarship? Can a critical project be at the core of a discipline and be turned into its very identity? Issues of style and a certain tendency by its adherents to be self-referential and use cryptic language are also examined. Finally, the impact of critical theory on the self-image of the profession of international lawyers is highlighted.

Keywords: critical legal studies; CLS; law and politics; critical theory; legal indeterminacy; deconstructivism

Chapter.  15330 words. 

Subjects: Public International Law ; Jurisprudence and Philosophy of Law

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