Chapter 6 20世纪的法哲学 Legal Philosophy in the Twentieth Century.Image.Marked.pdfVIP

Chapter 6 CRITICAL JURISPRUDENCE AND THE RULE OF LAW 6.1. Progressive Politics and Critical Theories The 1960s and 1970s in the United States and in Europe were decades of po- litical activism in which liberal, progressive, and radical movements formed loose coalitions to challenge racism, sexism, and increasing state militarism. In the U.S. , the civil rights movement was perhaps the catalyst, but an increas- ingly visible and vocal feminist movement soon added its strength. Opposition to the Vietnam War mobilized large numbers of people and radicalized many of them. It also sowed seeds of disillusionment. Liberal and progressive activ- ists, lawyers and legal scholars among them, looked to the law and the courts for social change. However, in the late 1970s, the slow pace, the apparently superficial nature of the changes, and the support for a disastrous war of a lib- eral political establishment, led many in the legal academy to turn their critical energies on the law itself. These energies were focused into a movement of sorts when in 1977 the first conference of Critical Legal Studies (CLS) convened in Madison, Wiscon- sin. Never disciplined or homogeneous in theoretical convictions or political program, the group drew inspiration from late Marxist theory; egalitarian, lib- eral, and communitarian political theories; varieties of feminist social criticism; and, later, deconstructionist and post-modernist literary theory. The movement focused on law and jurisprudence through an appropriation and radicalization of American realism which had, by this time, been domesticated and brought into the service of liberal orthodoxy. Initially, the CLS movement attracted le- gal scholars of many progressive creeds. Soon, however, feminists, critical race theorists, and scholars speaking in the name o