CRIM 338 Lecture Notes - Lecture 8: Critical Legal Studies, Legal Positivism, Legal Realism
17 Dec 2019
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Legal realism can be characterized by: 3 claims, the local indeterminacy thesis. Idea that law is usually not black and white but rather ambiguous and indeterminant and twist however you wish. Justice is what the judge at for bfast. Legal positivist believe that law and facts are the outcome of the case: law + facts = outcome. Legal realist say that that"s a fiction and not how it works - believe on what they eat and how they feel = outcome: up to the judge and they can twist facts. Foundations: critical marxism, take conceptual framework and base (reconceptualization of the same idea but adopted to new circumstances, legal realism, postmodernism. Free market (critical legal studies: some theorist differentiates critical legal theory and legal studies, but some use it interchangeably, metanarratives (postmodernism) Law is depicted as uncertain, ambiguous and unstable.
