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Critical Legal Realism

Critical Legal Realism

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Published by Leiya Lansang

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Published by: Leiya Lansang on Mar 12, 2009
Copyright:Attribution Non-commercial

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04/29/2013

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•In the post-liberal socio-legal order, new
concepts of rights are introduced. These are:

1) the “resistance right”;
2) the “destabilization right”;
3) the “solidarity right”, and
4) the “market right.”

“resistance right”

•gives every individual “the fundamental sense of
safety that enables him to accept a broadened
practice of collective conflict without feeling his
vital security endangered.”
• One is given authority to be able to repel
interferences with his vital security in the social
and economic aspects of life.

“destabilization right”

•is the counterpart of the equal protection clause
enshrined in our constitution.
•insures that institutions do not accumulate
power that may insulate them from challenge
and accountability.
is the institutional protection of an empowered
democracy

“solidarity right”

•gives every member of the society the right to
exact the performance of the entire interests or
responsibilities of a group in order to enjoy
along with others the unified life of society.

“market right”

•establishes the limits of the claims which a
person or group of persons may make against
capital available in society.
•enables every member of the society to question
concentration of concessions of natural
resources in one individual or group of
individuals.
•gives a person the “conditional and provisional
claim to the divisible portions of the social
capital established by the state.

NATURE AND FUNCTON OF LAW

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