Quaid-E-Azam Law College, Lahore

Philosophy of Law
Part-I (5-Years)
Critical Theory
Ms. Zahra Akhar
Attorney-at-Law
OUTLINE
1. INTRODUCTION
2. HISTORICAL DEVELOPMENT OF THEORY
3. INTERPRETATION OF TERM “CRITICAL LEGAL STUDIES”
4. LEGAL MEANING OF “CRITICAL LEGAL STUDIES”
5. DERIVATION OF VERSION OF “CRITICAL THEORY”
6. CHARACTERISTICS OF CRITICAL THEORY
7. POSSIBLE CRITICISM ON CRITICAL THEORY
8. CONCLUSION
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1. Introduction:
Critical Theory is often associated with so-called “Frankfurt School”, a
term which refers to the work of members of the Institute fur
Sozialforschung ( Institute for Social Research).

The institute was established in Frankfurt, Germany during 1923 as

the first Marxist-oriented research center affiliated with a major
German University.

2. Historical Development of theory:

 The term “Critical Theory” was first coined in 1937, after the majority
of the Institute’s members had already emigrated to the United States
following the triumph of Hitler.

3. Interpretation of term “Critical Legal Studies”:

According to Oxford Dictionary of law:

“A radical approach to jurisprudence that developed in the United

States in 1970s. It expresses a broadly Marxist critique of the
substantive doctrines of the law, but draws on philosophy, literary
criticism, psychoanalysis, linguistics and semiotics as well as politics
and economics”.

4. Legal Meaning of “Critical Legal Studies”:

5. Derivation of version of “Critical Theory”:

This version has been derived from Kant’s (18th century) and Marx’s
(19th century) use of term “critique”, as Kant’s critique of pure reason
and Marx’s concept that his work forms a critique of the political
economy.

6. Characteristics of Critical Theory:

Following can be enumerated as the significant features of this
theory:

i. Involvement of individuals to work together:

This theory has attempted to present the view that individual

from various disciplines to work collectively to work develop a
historical and systematic theory of present society.

ii. Criticism on various claims:

This theory has criticized validity of various claims of separate

disciplines and attempted to create a new kind of social theory.

iii. Society as one component:

Critical theory insists that one needs a theory involving society

grounded in theory of capitalism.

iv. Element of “Totality”:

Critical theorists use the term ‘totality’ in a synchronized sense

to refer to the structure of society.

v. Marxian critique of political economy:

 This theory also defines the Marxian critique of political
economy, which provides the framework and context of inquiry,
and which constitutes many social facts.

vi. Framing concept of totality:

Critical theory frames totalizing concepts to describe the

capitalist system and which attempts to impose its values,
structures, and practices throughout social life.

vii. Systematic scheme:

Critical theory is thus systematic, totalizing, integrating and a

global one. This theory has a mediating function for critical
theorists.

viii. Functions as a mediating factor:

Critical theory mediates between various domains of reality,

between parts and whole, between appearance and essence
and between theory and practice.

ix. Role of philosophy:

The role of philosophy in this theory is the analysis of

presuppositions of critical social theory and to criticize the
presuppositions and effects of competing theories.
x. Self reflexive:

This theory is self reflexive.

xi. Self critical :

This theory is deeply self critical too.

xii. Substantive social theory:

Critical theory strives to provide both a substantive social

theory of the present age.

xiii. New forms of technology:

It seems that new forms of political, social, and especially

cultural conformity, were becoming institutionalized.

A crisis of critical theory emerged with its fragmentation after

World War II.

xiv. Theorize New technologies:

In particular, critical theory has not only continued to theorize

new technologies, new developments in media, changes in
socialization practices but also new cultural developments.
7. Possible criticism on Critical Theory:

In the words of Horkheimer about this theory, its object is “to liberate
human beings from the circumstances that enslave them.”

To quote the criticism accurately the objective of this theory has been
diverse and kind of split up from the actual practical aspects of a
critical social society.

What is necessary therefore, is to relocate the context in which

critical theory is learned in a manner whose aim is to connect up
theory with action, that is, with a social impact.

Thus for critical theory to live into its destiny it must come out of the
academy as it’s constituted today.

8. Conclusion: