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    Critical Legal Realism

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    Vladimir Sabarez Linawan
    This document provides an overview of Critical Legal Realism (CLR). It began in the 1960s in response to social issues like the Civil Rights movement. CLR argues that the law is not neutral or value-free, but reflects the power structures of society. It aims to deconstruct the dominant liberal legal paradigm and expose how concepts of impartiality and due process hide how power operates. CLR analyzes traditions of the dominant paradigm, like the idea that society is freely economic, and offers alternative views, such as that the rule of law has become an ideological myth. The overall goal of CLR is for the law to serve as a neutral, liberating force that redeems social divisions and economic hierarchies.

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    Critical Legal Realism

    Uploaded by

    Vladimir Sabarez Linawan
    55 views18 pages
    This document provides an overview of Critical Legal Realism (CLR). It began in the 1960s in response to social issues like the Civil Rights movement. CLR argues that the law is not neutral or value-free, but reflects the power structures of society. It aims to deconstruct the dominant liberal legal paradigm and expose how concepts of impartiality and due process hide how power operates. CLR analyzes traditions of the dominant paradigm, like the idea that society is freely economic, and offers alternative views, such as that the rule of law has become an ideological myth. The overall goal of CLR is for the law to serve as a neutral, liberating force that redeems social divisions and economic hierarchies.

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    This document provides an overview of Critical Legal Realism (CLR). It began in the 1960s in response to social issues like the Civil Rights movement. CLR argues that the law is not neutral or value-free, but reflects the power structures of society. It aims to deconstruct the dominant liberal legal paradigm and expose how concepts of impartiality and due process hide how power operates. CLR analyzes traditions of the dominant paradigm, like the idea that society is freely economic, and offers alternative views, such as that the rule of law has become an ideological myth. The overall goal of CLR is for the law to serve as a neutral, liberating force that redeems social divisions and economic hierarchies.

    Copyright:

    © All Rights Reserved
    Download as PPSX, PDF, TXT or read online from Scribd
    Download as ppsx, pdf, or txt
    55 views18 pages

    Critical Legal Realism

    Uploaded by

    Vladimir Sabarez Linawan
    This document provides an overview of Critical Legal Realism (CLR). It began in the 1960s in response to social issues like the Civil Rights movement. CLR argues that the law is not neutral or value-free, but reflects the power structures of society. It aims to deconstruct the dominant liberal legal paradigm and expose how concepts of impartiality and due process hide how power operates. CLR analyzes traditions of the dominant paradigm, like the idea that society is freely economic, and offers alternative views, such as that the rule of law has become an ideological myth. The overall goal of CLR is for the law to serve as a neutral, liberating force that redeems social divisions and economic hierarchies.

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    © All Rights Reserved
    Download as PPSX, PDF, TXT or read online from Scribd
    Download as ppsx, pdf, or txt
    of 18

    CRITICAL LEGAL

    REALISM
    VLADIMIR S. LINAWAN

    Overview
    The basic idea of Critical Legal Realism is that the law
    must not involve politics and should be neutral or value
    free.
    The logic and structure attributed to the law, grow out
    of the power relationships of the society.

    Before we proceed.....
    Who is a realist?
    What is realism?
    What do we mean by Critical?

    Critical Legal Realism therefore is


    The analytical deconstruction of the prevailing liberal
    paradigm such as the ways in which the language of
    impartiality, objective due process, and value free
    procedures hide and conceal partisan operations of
    power and elite forms of social victimization.

    Origins
    Officially Started at 1977 at the conference at the
    University of Wisconsin-Madison,
    But its roots extend back to 1960 when many of its
    founding members participated in social activism
    surrounding the Civil Rights movement and the Vietnam
    War

    Attacks against Critical Legal


    Realism
    Defenders of the dominant liberal paradigm has
    denounced CLR as another form radical socialism
    similar to Marxism.
    However Roberto M. Unger had repeatedly asserted that
    CLR is not an affirmation of Marxism but a staunch
    denial of bourgeois agenda of social divisions and
    economic hierarchies.

    Deconstruction of the Dominant


    Liberal Paradigm (DLP)
    In the hands of critical legal realists deconstruction is the
    technique of:
    1. Stinging analysis of the traditions of the DLP
    2. Reformation of the traditions of the DLP through
    presentation of the rationale and justification for
    censure and offer of alternative solutions

    Trashing the traditions of the


    Dominant Legal Paradigm
    The traditions of the DLP in which CLR intensely dislikes
    can be summed up to:
    The contemporary order is a free society for there is
    individual initiative to undertake any business
    enterprise.
    The underlying thrust of the contemporary social order
    in the control of goods, production, distribution and
    exchange of goods.

    Reformation of the Dominant Legal


    Paradigm
    The Rule of Law
    In its purest form the rule of law is not license for extemporaneous and
    arbitrary exercise and arbitrary exercise of authority, but a limitation on the
    far reaching exercise of political and economic authority.
    But in the contemporary liberal society the rule of law had become a myth to
    be winked at if not mocked it had become another ideological and rhetorical
    ruse in which the elite transmit false consciousness to the society

    CASE:
    Carino v. Insular Government
    7 PHIL 132

    Separation of Powers
    The Legal order has become politicized to the point that
    governmental powers are no longer separated, and the
    separation of powers have been obscured by the fact that to a
    great extent the different branches of the government had
    become the means to power and wealth of the dominant liberal
    class.

    Judicial Activism
    While conventional wisdom favors judicial discretion
    what outrages the critical legal scholar s is the abuse of
    the courts of the text of the statutes are otherwise
    determinate.
    And there are instances that Judicial discretion reflects
    only personal or collective prejudices of the judges on
    what a statute or rule should be.

    Function of the Law


    The Law must be an instrument to redeem the people
    from social divisions and economic hierarchies.
    CLR is an advocacy of the law as a neutral and objective
    means of social control with emphasis in its liberating
    function. Only when the law is neutral in the inevitable
    conflict of claims.

    THANK YOU!

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