PHL 275 Chapter Notes - Chapter 2: Deconstruction, Critical Legal Studies, Legal Realism
Document Summary
Critical legal studies: an introduction to its origins and underpinnings. Legal realism is one of the intellectual origins of cls; the other is the progressive tradition in. The realist offered a critical analysis of law as they saw it. Realists argued that deduction and intuition had to be replaced by explicit and fairly systematic policy analysis. Policy analysis: although lawyers should abandon abstract legal concepts at the basis for decision, they should still pay attention to some important but nonetheless abstract social interest, method of legal analysis, the method of balancing. The above is the framework for most legal thought today. Cls accepts the critical aspect of legal realism but challenges its constructive program. Law-and-economics attempts to identify what the most efficient solution to a legal problem is. The legal system, through its rules of property, contract, and tort creates a set of entitlements. These entitlements constitute the pattern of wealth-holding in the society.
