CRM 3322 Lecture Notes - Lecture 1: Critical Race Theory, Critical Legal Studies, Law Society

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Method of analysis that emphasizes the rule of law, formalism, neutrality, abstraction and individual rights: allows concepts to be conveyed as neutral as possible. Allowed theorists to analyze legal concepts (liberty, poverty, rights) with and emphasis on dispassionate discourse. Critical legal studies emerged in the 1970s us as a response and critique of liberal legalism. Rule of law: applies without distinction in their application to particular group, should apply to everyone, no single set of norms that applies to everyone. Cl theorists insist that this allows the powerful to oppress the powerless and maintain existing political, social, and economic advantages. Clt see legal analysis is bound up with political and moral choices in pluralistic society: ca(cid:374)"t separate the(cid:373, harper using government connections to build business. Legal liberalism: places great emphasis on individual rights, not collective rights. Clt: criticize the notion that the function of law is to facilitate a neutral outcome.

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