Advantages And Disadvantages Of Critical Legal Studies

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Analyse the strength of the Critical Legal Studies movements critiques of indeterminacy and contradiction.

Critical Legal Studies: Critiques of Indeterminacy and Contradiction in Law

Critical legal studies comes under the umbrella term of critical legal theory along with such groups as feminists and Marxist theorists. An influence can be seen from American Legal Realism in some areas of critical legal studies. The scholars who work under this term have no general approach or theory but instead consider a variety of critiques including those of indeterminacy and contradiction. They tend to see the law as consisting of many contradictions which they believes supports a status quo of some people being left disadvantaged by the law whilst others gain a disadvantage. They believe due to this inequality that there needs to be a social change to improve the system. Indeterminacy appears to be able to be split up into several smaller critical categories and it is this critique which shall be dealt with first.

1. Indeterminacy

In similarity to American Legal Realists, Critical Legal Studies scholars believe that the rules that are contained within statutes and common law are unable to establish an outcome in new cases that come before the court . This is partly due to the criticism of indeterminacy they have based on the idea known as legal reasoning.

Legal reasoning, according to Critical Legal Studies, is in fact nothing more than a manipulation of abstract categories with no
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