>Yes, they are–they’re looking at his mindset and how he makes decisions and are coming up flat. they don’t understand how such a nice appearing family man with two wonderful kids and a smart wife can he, himself, be such a jerk.
I’m speaking from the vantage point of a conservative. To progressives he may seem as normal as apple pie and baseball in America. but he’s not.
Today Rush Limbaugh told his listeners why this man is so liberal in everything. He studied at Harvard University not just law, but “Critical Law Studies.” What bothers most of us is how Obama has hidden so many documents and so much information about himself. Finally, he has released his long form birth certificate — just two years after he began as president when the law states you can’t run for this high office unless and until you reveal this document. Who did he buy off in the U.S. Elections Commission? If I were in Congress I would want to investigate this group, bring them before Congress and ask them some questions, at a minimum. Perhaps some of them need to be fired. They are’n’t doing their jobs.
We do need to know what kinds of grades Obama got when he attended Columbia and Harvard Universities–and Oxidental. Limbaugh said today there is credible evidence that he got poor grades at the latter school. If so, how did he get into Harvard? Politics, I suspect. Someone in government swung a deal with the school to let this “foreign” student get in. Foreign student? Yes, he won a Ford or Fullbright scholarship coming in from where he was living in Indonesia and was known as Barry Sartoro. Queer, wouldn’t you say, at least. He’s an american-born president, at least by today’s birth certificate, but he’s living abroad and coming in as a foreign student.
What is Critical legal Studies? Is it so different from our own Constitutional law that it causes people to become upset with it and with the students who graduate at the schools offering CLS.
The following from Wikipedia will explain it all to you, my readers.
Critical legal studies
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critical theory (the Frankfurt School) to law. The abbreviations “CLS” and “Crit” are
sometimes used to refer to the movement and its adherents.
traced to American Legal Realism, as a distinct scholarly movement CLS fully emerged
only in the late 1970s. Many first-wave American CLS scholars entered legal education,
having been profoundly influenced by the experiences of the civil rights movement,
women’s rights movement, and the anti-war movement of the 1960s and 1970s. What
started off as a critical stance towards American domestic politics eventually translated
into a critical stance towards the dominant legal ideology of modern Western society.
Drawing on both domestic theory and the work of European social theorists, the “crits”
sought to demystify the numerous myths at the heart of mainstream legal thought
American counterpart. However, it centered around a number of conferences held
annually, particularly the Critical Legal Conference and the National Critical Lawyers
Group. There remain a number of fault lines in the community, between theory and
practice, between those who look to Marxism and those who worked on
Deconstruction, between those who look to explicitly political engagements and
those who work in aesthetics and ethics.
monolithic body of thought, several common themes can be generally traced
in its adherents’ works. These include:
- A first theme is that contrary to the common perception, legal materials
- (such as statutes and case law) do not completely determine the outcome
- of legal disputes, or, to put it differently, the law may well impose many
- significant constraints on the adjudicators in the form of substantive rules,
- but, in the final analysis, this may often not be enough to bind them to
- come to a particular decision in a given particular case. Quite predictably,
- once made, this claim has triggered many lively debates among jurists and
- legal philosophers, some of which continue to this day (see further
- indeterminacy debate in legal theory).
- Secondly, there is the idea that all “law is politics.” This means that
- legal decisions are a form of political decision, but not that it is
- impossible to tell judicial and legislative acts apart. Rather, CLS have
- argued that while the form may differ, both are based around the
- construction and maintenance of a form of social space. The argument
- takes aim at the positivist idea that law and politics can be entirely
- separated from one another. A more nuanced view has emerged
- more recently. This rejects the reductivism of ‘all law is politics’ and
- instead asserts that the two disciplines are mutually interspersed.
- There is no ‘pure’ law or politics, but rather the two forms work together
- and constantly shift between the two linguistic registers.
- A third strand of the traditional CLS school is that far more often
- than is usually suspected the law tends to serve the interests of the
- wealthy and the powerful by protecting them against the demands
- of the poor and the subaltern(women, ethnic minorities, the working
- class, indigenous peoples, the disabled, homosexuals etc.) for
- greater justice. This claim is often coupled with the legal realist
- argument that what the law says it does and what it actually tends
- to do are two different things. Many laws claim to have the aim of
- protecting the interests of the poor and the subaltern. In reality, they
- often serve the interests of the power elites. This, however, does not
- have to be the case, claim the CLS scholars. There is nothing intrinsic
- to the idea of law that should make it into a vehicle of social injustice.
- It is just that the scale of the reform that needs to be undertaken to
- realize this objective is significantly greater than the mainstream
- legal discourse is ready to acknowledge.
- Furthermore, CLS at times claims that legal materials are inherently
- contradictory, i.e. the structure of the positive legal order is based
- on a series of binary oppositions such as, for instance, the opposition
- between individualism and altruism or formal realizability (i.e. preference
- for strict rules) and equitable flexibility (i.e. preference for broad standards).
- Finally, CLS questions law’s central assumptions, one of which is the
- Kantian notion of the autonomous individual. The law often treats
- individual petitioners as having full agency vis-a-vis their opponents.
- They are able to make decisions based on reason that is detached
- from political, social, or economic constraints. CLS holds that individuals
- are tied to their communities, socio-economic class, gender, race,
- and other conditions of life such that they cease to be autonomous
- actors in the Kantian mode. Rather, their circumstances determine
- and therefore limit the choices presented to them. People are not
- “free”; they are instead determined in large part by social and
- political structures that surround them.
broader and more radical critical insights. Interventions in intellectual
property law, human rights, jurisprudence, criminal law, property law,
international law etc, have proved crucial to the development of
those discourses. Equally, CLS has introduced new frameworks to the
legal field such as postmodernism; queer theory; literary approaches
to law; psychoanalysis; law and aesthetics and post-colonialism.
Alan Hunt, Catharine MacKinnon, Duncan Kennedy, David Kennedy,
Martti Koskenniemi, Gary Peller, Peter Fitzpatrick, Morton Horwitz,
Jack Balkin, Costas Douzinas, Peter Gabel, Roberto Unger, Renata Salecl,
Mark Tushnet and Louis Michael Seidman.
critical legal studies movement. The idea that the law was utterly
indeterminate was contested in a famous debate in the late 1980s.
More conservative critics argued that the radical nature of the
movement was inconsistent with the mission of professional
movements. The CLS community is an extremely broad group with
clusters of critical theorists at law schools such as Harvard Law
School, Georgetown University Law Center, Northeastern University,
University at Buffalo, Birkbeck College London, University of
Melbourne, University of Kent, Keele University, the University
of Glasgow, the University of East London among others.
have waned in recent years. However, offshoots of CLS, including
critical race theory continue to grow in popularity. Associated
schools of thought, such as contemporary feminist theory and
ecofeminism and critical race theory now play a major role in
contemporary legal scholarship. An impressive stream of CLS-
style writings has also emerged in the last two decades in the
areas of international and comparative law.
as it was the inspiration and focus of Georgetown University Law
Center’s alternative first year curriculum, (Termed “Curriculum B”,
known as “Section 3” within the school). In the UK both Kent and
Birkbeck Law Schools have sought to draw critical legal insights
into the legal curriculum, including a critical legal theory based LLM
at Birkbeck. Various research centers and institutions offer CLS-
based taught and research courses in a variety of legal fields
including human rights, jurisprudence, constitutional theory
and criminal justice.
established at the University’s law faculty in 2007. Professor Kim
Economides, Director of the University of Otago Legal Issues
Centre, was a founder member of the UK Critical Legal Conference
in the 1980s. He has taught critical legal studies at Otago and legal
ethics at Victoria University of Wellington. Both his teaching and
research currently explore critical, ethical and empirical perspectives
on the operation of the legal system and lawyers’ work, particularly
within the context of New Zealand.
identifies itself with critical legal theory. In America, The Crit is
the only journal that continues to explicitly position itself as a
platform for critical legal studies. However, other journals such
as Law, Culture and the Humanities, Unbound: The Harvard
Journal of the Legal Left, The National Lawyers Guild Review,
Social and Legal Studies and the Australian Feminist Law Journal
all published avowedly critical legal research.
- Critical theory
- Judicial activism
- Legal formalism
- Legal realism
- Critical management studies
- International legal theory
- Rule according to higher law
- Mark Kelman, A Guide to Critical Legal Studies, Harvard
- University Press, 1987
- Costas Douzinas & Adam Gearey, Critical Jurisprudence:
- The Political Philosophy of Justice, Hart Publishing, 2005
- Roberto Mangabeira Unger, The Critical Legal Studies
- Movement, Harvard University Press, 1983
- Janet E. Halley (ed.), Wendy Brown (ed.), Left Legalism/Left
- Critique-P, Duke University Press 2003
- Janet E. Halley “Revised version entitled “Like-Race Arguments””
- in What’s Left of Theory?, Routledge, 2001.
- Richard W. Bauman, Critical legal studies : a guide to the
- literature, Boulder, Colo. : Westview Press, 1996
- Richard W. Bauman, Ideology and community in the first
- wave of critical legal studies, Toronto [u.a.] : University of
- Toronto Press, 2002
- Duncan Kennedy, Legal Education and the Reproduction of
- Hierarchy: A Polemic Against the System: A Critical Edition,
- New York University Press 2004
- Duncan Kennedy, A Critique of Adjudication [fin de siecle],
- Harvard University Press, 1997.
- David W. Kennedy and William Fisher, eds. The Canon of American
- Legal Thought, Princeton University Press (2006)
- Andrew Altman, Critical Legal Studies: A Liberal Critique,
- Princeton University Press 1990
- John Finnis, “On the Critical Legal Studies Movement” 30
- American Journal of Jurisprudence 1985
- Scott Fruehwald, “Postmodern Legal Thought and Cognitive
- Science,” 23 Ga. St. U.L. Rev. 375 (2006).
- Le Roux and Van Marle, “Critical Legal Studies” in Roeder (ed)
- (2004) Jurisprudence
- Critical Lawyers Handbook
- Legal Information Institute: Critical Legal Studies
- Critical Legal Thinking
- Law & Critique
- Duncan Kennedy’s Essays on CLS
- Roberto Unger’s writings on law and CLS
- David W. Kennedy’s writings on CLS and international law
- Martti Koskenniemi’s writings on CLS and international law