You cannot eat critique: on uncritical critical (legal) theory and the poverty of bullshit

Abstract

This article reflects upon critical theory, focusing especially on critical legal theory, particularly in relation to human rights. Positing that much critical theory is in fact uncritical, the article argues that critical theory is frequently deployed in such a way as to contradict its supposed purposes of challenging the prevailing order, orthodoxy and injustice, and guiding radical change. It is argued that in deploying critical (legal) theory there is a danger of producing bullshit, which scholars should be mindful of and should seek to avoid. Finally, the article suggests moving towards postdisciplinarity and to greater integration of critique with theory and practice as possible resolutions to the dilemmas and contradictions exposed by drawing attention to bullshit and uncritical critical (legal) theory.