criticisms leveled by critical legal scholars against the tradition of the dominant liberalparadigm persuasive, he admits that he has “not fully understood their animosity andhostility toward liberalism displayed in much of their writings.”
Polemics v. Critical Legal Realism
The Critical Legal Realism is a critique directed against many aspects of thedominant liberal paradigm. Included therein are the “ways in which the language of impartiality, objective due process, and value-free procedures hide and conceal partisanoperations of power and elite forms of social victimization.”
The scholarship of the Critical Legal Studies Movement has naturally incurred thehostility and ire of the dominant liberal paradigm.
dismisses thethrusts of critical legal scholarship as “spectacular and even embarrassing failures.”
Some proponents of the dominant liberal paradigm have branded critical legal realismas another form of radical socialism,
no different from the critical socialism of KarlMarx
(1818-1883). As stated by Karl Marx, “the bourgeois concept of law is but the willof the dominant elite erected into legislation, a will whose essential character anddirection are determined by material and economic conditions of the existence of theclass.”
A closer analysis of the critical legal realism of Roberto Mangabeira Unger andthe critical social realism of Karl Marx will show that their common denominator is their disenchantment with 1) the elitist tendencies of the dominant liberal paradigm, 2) theconcealed intentions and judgments behind the legal concepts and ideas which thedominant liberal paradigm has managed to include, directly or indirectly, into the legal
Brendan Brown Lectures: Reassessing the Critical Legal Studies Movement,
34Loyola University Law Review,
Ewald, W., Unger’s Philosophy: A Critical Legal Study, 97 Yale Law Journal, 665; Carrington,P., Of Law and the River, 34 Journal of Legal Education, 227.
DWORKIN, R., LAW’S EMPIRE, 274. Harvard university Press, Cambridge.
THE COMMUNIST MANIFESTO, Part II, 47. Possony, S.T., Editors, Chicago Press Co.,Chicago; MARXISM AND LAW, Bierne, B. and Quinney, R., Editors, Chicago Press Co.,Chicago.