Warning
Info
Warning
Info
Simple English definitions for legal terms
critical legal theory
Read a random definition: litem suam facere
A quick definition of critical legal theory:
Critical legal theory is a way of thinking about the law that says it is connected to social issues and has biases. People who believe in this theory think that the law helps those who make the law and that it supports a power dynamic that helps the rich and powerful stay in charge. They want to change this and use the law to make society more equal. This theory started in the 1970s and was influenced by other ideas like Legal Realism and European philosophers. There are different groups within this theory that focus on different issues like gender and race.
A more thorough explanation:
Definition: Critical legal theory (CLT) is a theory that argues that the law is not neutral, but rather reflects the interests of those who create and enforce it. CLT suggests that the law is inherently biased and supports a power dynamic that favors the historically privileged and disadvantages the historically underprivileged. It seeks to overturn hierarchical structures in society and views the law as a tool to achieve this goal.
Example: Critical legal theorists argue that the law is used by the wealthy and powerful to maintain their position in society. For example, they might point to laws that protect property rights and contracts, which benefit those who own property and have the resources to enter into contracts, while disadvantaging those who do not. They might also point to laws that criminalize certain behaviors, such as drug use or sex work, which disproportionately affect marginalized communities.
Explanation: This example illustrates how CLT views the law as a tool of oppression that reinforces existing power structures. By examining specific laws and their impact on different groups, critical legal theorists seek to expose the biases and inequalities inherent in the legal system.
Further Reading: For more information on critical legal theory, see this .