A Tale of Two Movements
A Tale of Two Movements
This book is a study of two twentieth-century schools of American legal theory and their relationship—legal realism and critical legal studies (CLS). This chapter provides a brief history of the legal realist movement, its emergence as a distinct movement in the 1920s and 1930s and how it formed the inspiration for the critical legal studies movement from the 1970s onward. It presents the central premise of the study: legal realism and CLS are not continuous bodies of thought. Finally, the chapter identifies three issues that help clarify this central premise of the study: historicism, social science and linguistic theory.
Keywords: legal realism, critical legal studies, American legal theory, legal realist, historicism, social science, linguistic theory
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