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La “contradicción fundamental” en el movimiento critical legal studies
Author(s) -
L Sandoval
Publication year - 2018
Publication title -
temas socio-jurídicos
Language(s) - English
Resource type - Journals
eISSN - 2590-8901
pISSN - 0120-8578
DOI - 10.29375/01208578.3346
Subject(s) - humanities , philosophy , political science , physics
As the heir of the early 20th century American legal realism, the  Critical Legal Studies movement – from now on CLS - ies the ag of the indeterminacy of law. However, it goes beyond the realist thesis and argues that it does not obey a simple linguistic or formal problem but a true manifestation of a “contradiction” or a series of substantive contradictions that underlie the liberalism, understood as tradition ideological, political and economic over which has been built the way ofAmerican life.  The object of this work is to describe what is this “contradiction” fromthe perspective of members of CLS, as well as the authors who, both  in Europe and in Latin America, have analyzed it - if this has been-. To achieve this purpose will be necessary previously: i) to draw a general scheme that allows to understand, broadly, what CLS is and defends; (ii) to study the ‘paradigmatic’ works to the interior of the CLS movement about the contradiction, particularly those produced by Duncan Kennedy; (iii) to check if in the European and Latin American literature this idea has had impact, of being like that, how itsanalysis has been carried out.

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