0660 critical legal studies：0660关键法律研究_推荐.pdfVIP

0660 CRITICAL LEGAL STUDIES Wayne Eastman Rutgers University, Graduate School of Management © Copyright 1999 Wayne Eastman Abstract This chapter focuses on the relationship between critical legal studies as an intellectual movement in American law schools, and law and economics, in both Chicago and other forms. The critical legal studies critique of law and economics can reasonably be understood as an effort to foster alternative, radical approaches to law and economics that acknowledge and proceed from politically-charged contradictions within the discipline. The intellectual engagement between critical legal studies and law and economics over the last twenty years has not mediated the contradiction between the critical legal studies and law and economics views of law. JEL classification: K00 Keywords: Critical Legal Studies, Ideology, Rhetoric, Law and Economics. 1. The Institutional and Political Context In the 1970s, just as the Chicago school of law and economics (0200, 0500) was moving beyond the relatively narrow doctrinal areas in which it had earlier been cabined, another movement, antithetical to the free market conservatism of the Chicago school and the kindred though distinct Virginia school (0610), arose in American law schools. This movement, critical legal studies (CLS), was launched as a theoretical school in substantial part through writings by Roberto Unger (1975) and Duncan Kennedy (1976, 1979) of Harvard Law School, and was institutionalized through the Conference on Critical Legal Studies, begun in 1977. CLS drew much of its inspiration and many of its adherents from the rise in the 1960s in the United States and Europe of an egalitarian, anti-statist New Left politics. Though partisans of both the Chicago school and CLS