Legal Definitions - Critical Legal Studies

Definition: Critical Legal Studies is a way of thinking that suggests the legal system maintains the current state of things in terms of money, race, and gender by using concepts that can be manipulated and by creating an imaginary world of social harmony that is regulated by law. The Marxist wing of this school focuses on economic issues. Fem-crits emphasize gender hierarchy, whereas critical race theorists focus on racial subordination.

Example: Critical Legal Studies scholars might argue that the legal system is biased towards wealthy people and corporations. They might say that the law is used to protect the interests of the powerful and maintain the status quo. They might also argue that the legal system reinforces gender and racial inequalities. For example, they might say that laws that restrict access to abortion or limit the rights of LGBTQ+ people are examples of how the legal system reinforces gender and sexual orientation hierarchies.

Explanation: This definition explains that Critical Legal Studies is a way of thinking that challenges the idea that the legal system is neutral and objective. It suggests that the law is used to maintain power imbalances and reinforce inequalities. The example shows how Critical Legal Studies scholars might apply this way of thinking to specific issues, such as access to abortion or LGBTQ+ rights.