Critical and social movements
Critical Legal Studies
Legal reasoning is not neutral: it is unsettled by its own contradictions and tends to support existing power.
1970s to 1990s · United States and United Kingdom. Spotted a mistake? Tell us.
What is law?
Law is not a neutral science. Legal doctrine is full of opposing principles that can justify opposite results, so outcomes depend more on power, ideology and hierarchy than on logic.
Law and morality
Law reflects and entrenches political choices. The aim is to uncover those choices and to imagine others.
Where does its authority come from?
Not neutral reasons, but power and ideology.
How should judges decide?
Judges choose between competing principles. Critique should show where the choices are made.
The question it asks
Whose interests does 'neutral' law serve?
Main criticism
Accused of nihilism and of offering critique without a positive programme, and of ignoring law's real protective role.
Legacy today
It seeded feminist legal theory and critical race theory, and a habit of critical thinking in many law schools.
Key thinkers
Roberto Unger, Duncan Kennedy, Mark Tushnet, Karl Klare, Morton Horwitz.
Key works
- Unger, Knowledge and Politics (1975)
- Horwitz, The Transformation of American Law, 1780–1860 (1977)
- Kennedy, Legal Education and the Reproduction of Hierarchy (1983)
Compare with
Take it further
How legal systems and codes grew.
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Read further
Stanford Encyclopedia of Philosophy: philosophy of law (an overview). For the exact arguments, go to the original works above.
TheLawToKnow Tools’s guide to schools of legal thought is an educational overview. It is not legal advice. Report a mistake.

