Critical Legal Studies: A Liberal CritiqueScholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism. |
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altruism argue authoritative behavior Boys Markets chapter claim CLS argument CLS attack CLS literature CLS ultra-theorists coherence concede conceptions conflict constraints contemporary liberal contends controversial convention counterprinciples Critical Legal Studies decision deep structure theory duck-rabbit Duncan Kennedy Dworkin Dworkinite empowered democracy ethical viewpoints Form and Substance framework H.L.A. Hart Hart Hart's human idea incompatible ethical indeterminacy individual issue judges Kennedy Law Review law-politics distinction Law's Empire legal culture legal doctrine legal norms legal philosophy legal realism legal reasoning legal rules legal system liberal democracies liberal legal theory liberal rule liberal theory logical Mark Tushnet ment moral and political ontology patchwork thesis premise primary rules principles problem protect radical regard reject requires Roberto Unger Ronald Dworkin rule of law secondary rules settled law social reality social rules society soundest theory theorists tion truncation thesis Tushnet ultra-theory Unger Unger's argument Yale Law Journal