Critical Legal Studies Research Articles

Laws Used to Excessively Impede Naming and Shaming in Business and Human Rights: Elite Power?

Abstract This article explores the use of laws to unduly silence critics of corporate human rights abuses. It considers the hypothesis that state and business elites align their interests, fuelling the employment of regulations to excessively impede naming and shaming activities. This article draws on socio-legal and critical legal studies to demonstrate how laws, while typically perceived as protective, can also serve to empower corporations and suppress dissent. It reviews examples of such collusion and calls for further case studies to better understand the interplay between business interests and regulatory practices.

A CRITICAL LEGAL STUDIES PARADIGM OF THE PRESIDENTIAL THRESHOLD ELECTORAL SYSTEM IN INDONESIA

In the perspective of the Critical Legal Studies Paradigm, researchers do not have the intention to deliberately dismantle normative legal rules that are legally and constitutionally, but in this discourse the critical legal studies paradigm provides a lens that critical voices are voices that come from the people with a higher realm of awareness in view with the assumption of potential that will occur critically, involving the direction of thinking that tends to be deconstructive and very worthy of questioning. in this case the paradox that occurs between ontology and methodology or in simple language reality with normative methodological values itself, by separating political, sociological, historical, and ethical motives. In this case, the paradox that occurs between ontology and methodology or in simple language reality with normative methodological value itself, by separating political, sociological, historical, and ethical motives. in this study, researchers used a qualitative method based on the study of the normative rules of the 1945 Constitution. normatively in article 222 of Law Number 17 of 2017 concerning the election of the President and Vice President reads: The candidate pair is proposed by a political party or a coalition of political parties participating in the election that meets the requirements of obtaining at least 20% (twenty per cent) of the total seats in the DPR or obtaining 25% (twenty five per cent) of the national valid votes in the election of DPR members, before the implementation of the Presidential and Vice Presidential elections or the Presidential Threshold system if viewed deconstructively from the process of forming the rules of the Law or the legislature itself does not have a basic limiting framework of legal construction, With the pretext of strengthening the presidential system, the effectiveness of holding elections in an accountable manner, but ontologically or in reality this raises that the law is a political product is a reality and shows that political power is more dominant than the law itself, of course this is very paradoxical with the concept of a country that is considered democratic where political power should be subject to the law. In this foundation, something produced by the legal products of the legislature is worthy of criticism.

Reality of Women in Indonesian Society: A Feminism Approach

Issues regarding gender in Indonesia are still ongoing, which cannot be denied that the patriarchal system is still very strong. Feminist law is based on feminist sociology, feminist philosophy and feminist history expansion of women's attention later in life. At the end of the 20th century, there were many feminist movements seen as a splinter of the Critical Legal Studies movement, of which there are many in essence provides criticism of the legal logic that has been used, its manipulative nature and legal dependence on politics, economics, the role of law in forming patterns social relations, and the formation of hierarchies by legal provisions is not fundamental. Feminist theories often ignore women's contemporary position, focusing on women historical past or utopian future. Focus on praxis often about creating revolutions, egalitarian reforms, or cultural utopias. Much of sociology is based on what are known as individual relationships with the world as it is and as it is maintained.

Discursive Violence Analysis: Epistemological Advances in Qualitative Research

This article outlines a new methodological approach, Discursive Violence Analysis (DVA). Discursive Violence Analysis is a qualitative methodology that is the conceptual convergence of Foucauldian and Fairclough Discourse Analysis, Critical Discourse Analysis, and Critical Legal Studies that operationalizes systemic oppression. This conceptual framework expands the existing repository of qualitative methodology that recalibrates how researchers identify, qualify, and interpret various disparate discursive social practices as evidence of racism. The DVA frames how scholars interrogate racism and how racism is institutionalized and codified within education and networking social systems. This article aims to provoke an inclusive and empirical engagement on ways to reimagine epistemology within education scholarship—suggesting that ways of knowing racism and understanding racism have experiential origins. Discursive Violence Analysis is an alternative qualitative means of identifying and describing the fundamental sophistications of discourses that steer, normalize, and legitimize racism. This article begins with a researcher reflexivity that foregrounds my journey toward developing DVA—briefly revisiting my experience as a doctoral candidate. Secondly, this article transitions into a “how-to” guide, mapping the conceptual and methodological process. And lastly, this article ends by explaining the critical assumptions of DVA and research queries for emerging scholars.

Global Governance for Personalized Medicine, Politics of Uncertainty, and Pierre Bourdieu.

How we choose to respond to uncertainty matters for robust and responsible science. New laws and consensus reports are popular instruments for global governance of emerging technology and attendant uncertainty. However, the sociologist Pierre Bourdieu noted that "[t]he judicial situation operates like a neutral space that neutralizes the stakes in any conflict through the de-realization and distancing implicit in the conversion of a direct struggle between parties into a dialogue between mediators." Put in other words, while law and legal modes of reasoning are certainly useful for conflict resolution and closure, their overprivileging in emerging technology and uncertainty governance can potentially bring about depoliticization by transforming the struggles and dissent necessary for democratic governance into a "dialogue between mediators." Hence, the critical sociological gaze offered by Bourdieu is particularly relevant for democratization of global governance of multiomics technologies and timely with the current uptake of personalized medicine. For example, in May 2023, the Romanian government introduced a law to give patients the right to personalized medicine. Personalized medicine is related to the larger umbrella concept and field of theranostics, the fusion of therapeutics and diagnostics. It is therefore timely to reflect on a "right for theranostics in planetary health," considering the potential for future pandemics and ecological crises in the 21st century. Rather than forcing consensus or convergence in an innovation ecosystem, dissent grounded in rigorous political theory, sociology of law and critical legal studies can strengthen democratization and global governance for personalized medicine and multiomics technologies.

Trashing the Tables: The Critical Legal Studies Symposium of the Stanford Law Review, Then and Now

When the critical legal studies (CLS) movement emerged in the United States, many in the legal community were shocked by the movement’s radical calls to remake legal education. But the movement also presented bold criticisms of quantitative legal scholarship and calculation in law that have proven remarkably prophetic. This article resuscitates the CLS movement’s concerns over “scientific law” in one of the movement’s most canonical works: the Critical Legal Studies Symposium issue of the Stanford Law Review in 1984. Along the way, this article explores the scope and limits of CLS admonitions regarding quantitative research and legal problem solving for the present day.

Doing Critical Race Theory in Perilous Times: Engaging Critical Race Legal Scholarship for Higher Education and Beyond

Abstract: Misinterpretations and caricatures of Critical Race Theory (CRT) abound in popular media and in higher education scholarship. Given the confusion surrounding what CRT is and is not, I write this conceptual essay as an invitation to engage seriously with CRT's legal foundations. I offer four guideposts to aid scholars in engaging the legal roots of CRT on a deeper level: thinking with and beyond tenets, leveraging the scope of CRT work by legal scholars, understanding the CRT critique of Critical Legal Studies, and appreciating CRT's theoretical depth and complexity. Further, I highlight characteristics of CRT legal scholarship that are not always explicit in higher education research. Specifically, I describe CRT as an anti-subordination project, a materialist project, a critical intellectual project, and an activist project. Through engaging with CRT's legal scholarship, I demonstrate how higher education scholars' understanding and employment of CRT will be enriched.

THE EVOLUTION OF WOMEN'S RIGHTS IN THE JORDANIAN LEGISLATION: CHALLENGES AND PROSPECTS FOR SUSTAINED PROGRESS

Purpose: To analyze and evaluate the impact of the most recent legal reforms in the Jordanian laws aimed at protecting women’s rights. Theoretical Reference: By employing human rights and critical legal studies as theoretical frameworks, the research provide a comprehensive analysis of the evolution of women's rights in Jordanian legislation, identify key challenges, and propose strategies for sustained progress towards gender equality. Method: The research method used is Doctrinal Legal Research, analyzing laws, regulations, statutes, and legal documents to understand the structure of the law and its applicability to the intended purpose. Results and Conclusion: The research provided in-depth analysis of the progress in protecting women rights in CEDAW reservations, the Jordanian constitution, and major national laws: nationality law, personal status law, civil service law, and labor law. Beyond legal changes, it's vital for the government to view laws as protective measures and actively combat indirect discrimination against women, shifting focus from mere legal neutrality to acknowledging and supporting women's roles and responsibilities in society. Implications of research: Overall, studying the evolution of women's rights in legislation provides valuable insights into the progress, challenges, and opportunities for advancing gender equality and human rights within societies. Originality/value: Recent reforms in Jordanian legislation, notably the latest constitutional amendment, highlight the importance of assessing the status of women's rights in the country. While there are concerns about the perceived limited progress in legal protection for women, there is a critical need for comprehensive analysis of recent amendments to enrich global literature on this significant issue, emphasizing the necessity of updating existing literature with relevant, current information.

Imperial debris, intimate partnerships and family law reform in Cameroon

AbstractThis article explores the enduring impact of efforts by the French mandate administration and Spiritan missionaries to regulate intimate partnerships in French Cameroon between 1916 and 1956. Drawing primarily on French archival material, I show how administrators and missionaries sought to domesticate ‘modernity’ through activities targeting women’s status and roles within intimate partnerships. Spiritans promoted monogamous Christian marriage by advocating for Christian legal status and through ‘schools for fiancées’ called sixas, which often provoked violent confrontations. Despite decrying these activities as culturally disruptive, the administration passed significant marriage legislation. While these efforts are characterized as exercises of epistemic violence because of their attempted erasure of women’s and broader local perspectives, I nevertheless highlight their ambiguity. Moreover, garnering insights from history, anthropology, critical legal studies, postcolonial and feminist theory, I argue that remnants of these attempts to reshape intimacy endure as ‘imperial debris’, contributing to the impasse in reforming the Cameroonian Family Code. Further research unearthing local historical perspectives and experiences of intimate partnerships can facilitate more egalitarian family law in Cameroon.

Spravedlnost dekonstrukce, dekonstrukce spravedlnosti. K Derridově koncepci spravedlnosti

The study is devoted to Derrida’s conception of normativity, focusing on his intervention in jurisprudence through reinterpretation of the concept of justice, which had a major influence on American critical legal studies theorists. A short introduction setting the topic into a broader context is followed by a section providing a brief overview of Derrida’s essential conceptual apparatus and the explanation of the method of deconstruction. In the next section, we identify two complementary ways in which Derrida understands the concept of justice: the first identifies justice directly with deconstruction, and thus centers normativity in Derrida’s own philosophical project; the second connects the concept of justice to the idea of infinity, and thus refers to Lévinas’ philosophy. In the conclusion of the text, we summarize the most significant responses and critical reactions to Derrida’s conception and consider whether it can provide guidance for judicial decision-making, as some theorists have suggested.

Proscribing Time?: Proscription and Temporality in Terrorism Trials

Abstract This article explores the closely knit yet complex link between proscription and temporality through the examination of terrorism trials in Nigeria. Through the notion of proscribing time, this article demonstrates the ways in which proscription is enacted, imagined, and contested in light of important temporal effects. With a few exceptions, recent debates around proscription remain almost overwhelmingly focused on the banning of particular groups linked to terrorism, and on proscription power and its wider political and ethical ramifications. This “actor-oriented” focus (proscribed/proscriber), I argue, reinforces certain theoretical and ontological claims recognizable in the dominant analysis of terrorism. Moreover, such a perspective is predominantly organized around a forward-oriented logic of security preemption, which does not fully reveal the complexity and broader consequences of proscription. Thus, drawing upon relevant insights about temporality, especially as discussed in critical security studies, critical legal studies, and beyond, this article demonstrates how time is proscribed (rather than terrorist groups) to render visible the complexity and ramifications of proscription. The article, as such, contributes theoretically to ongoing debates about proscription and temporality in critical security studies more broadly. It also, empirically, makes a worthwhile contribution to a relatively small, though important, scholarship on terrorism trials in Nigeria.

ПОСТУЛАТЫ ШКОЛЫ КРИТИЧЕСКИХ ПРАВОВЫХ ИССЛЕДОВАНИЙ (НА ПРИМЕРЕ СОЦИАЛЬНО-ПРАВОВОЙ ТЕОРИИ Р.М. УНГЕРА)

The purpose of the work was to identify and formulate the main provisions, the initial views of supporters of the School of Critical Legal Studies, which have developed in the United States since the 1970s of the twentieth century, through an analysis of the views of one of the activists of the movement of critical legal studies, the Brazilian statesman and jurist Roberto Mangabeira Unger. The objectives of the work include studying the conditions for the emergence and origins of critical legal research, analyzing the methodological basis, studying the works and statements of R. Unger, formulating the postulates of the school of critical legal research and the foundations of R. Unger’s political and legal theory. To achieve the set goal and solve problems, the author uses such general scientific and specific scientific methods as analysis, synthesis, historical, system-structural, comparative methods. In addition, the author's interpretation of R. Unger's views is presented based on the translation of his Englishlanguage works.Results: objective and subjective factors in the formation of the School of Critical Legal Studies have been identified, the connection between the ideas of the school’s supporters and the moderate direction of American sociological jurisprudence and the realistic school of law has been identified, the main postulates of the supporters of critical legal studies have been formulated based on the provisions of the political and legal views of R. Unger. Conclusions: The school of critical legal studies arose on the basis of an understanding of law primarily as a social institution designed to ensure a balance of individual, social and state interests. Like legal realists, representatives of the school tried to demythologize legal phenomena by analyzing the legal life of society. In addition, Unger, appealing to O. Holmes’s views on law as a product of experience, saw the further development of human society through the introduction of new technologies and experiments based on social solidarity and cooperation, when the state and law act as guardians of society and do not limit it progressive development.

Doing Critical Race Theory in Perilous Times: Engaging Critical Race Legal Scholarship for Higher Education and Beyond

Abstract: Misinterpretations and caricatures of Critical Race Theory (CRT) abound in popular media and in higher education scholarship. Given the confusion surrounding what CRT is and is not, I write this conceptual essay as an invitation to engage seriously with CRT’s legal foundations. I offer four guideposts to aid scholars in engaging the legal roots of CRT on a deeper level: thinking with and beyond tenets, leveraging the scope of CRT work by legal scholars, understanding the CRT critique of Critical Legal Studies, and appreciating CRT’s theoretical depth and complexity. Further, I highlight characteristics of CRT legal scholarship that are not always explicit in higher education research. Specifically, I describe CRT as an anti-subordination project, a materialist project, a critical intellectual project, and an activist project. Through engaging with CRT’s legal scholarship, I demonstrate how higher education scholars’ understanding and employment of CRT will be enriched.

The Normativity of Limited Company Under Job Creation Law Regime: A Critical Legal Studies Perspective

Introduction: The concept of a limited liability company based on Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja) through Government Regulation in Lieu of Law Number 2022 concerning Job Creation (Perppu Cipta Kerja) after being declared conditionally unconstitutional by the Constitutional Court, has now found its foundation again.Purposes of the Research: This article examines the normativity of limited liability companies after the Perppu Cipta Kerja in two focuses. First, it relates to the legal ratio for the establishment of an individual company, and second, the normativity of an individual company from the perspective of Critical Legal Studies.Methods of the Research: This paper uses a normative juridical approachResults of the Research: Based on the type of normative research supported by conceptual, statutory, and philosophical approaches, this article concludes two: First, the legal ratio for the establishment of individual companies in the Perppu Cipgta Kerja is the government's great desire to provide convenience for MSEs in doing business and creating jobs. Second, based on the analysis of trashing, deconstruction, and genealogy, individual companies in the Perppu Cipta Kerja are still full of liberal individualism with a capitalist economic system style.

Sistematicidade, universalizabilidade e distintividade na interpretação jurídica

The paper aims at mapping a contemporary controversy in legal theory: the controversy between interpretivism (Dworkin) and its critics, coming from several currents of legal thought, such as the critical legal studies (Unger), analytical positivism (Schauer) and post-positivism (MacCormick). Specifically, the hypothesis of the article is that this trio of authors selectively recovers aspects classically associated with legal formalism – such as the distinction between legal judgments and moral judgments or the demand for the universalizability of legal decisions. Which degree of systematicity one should demand from legal judgments and how to universalize the evaluation of the reasons underlying rules (beyond particularism) are some of the points of controversy within this trio of authors, but all seem to converge in rejecting the remission of legal interpretation to comprehensive evaluations of political morality.

The role of autonomous vehicles in transportation equity in Tempe, Arizona

In 2016, The National Highway Traffic Safety Administration reported that human error is involved in 94–96% of all motor vehicle crashes. Also in 2016, Bonnefon et al. predicted that autonomous vehicles could eliminate 90% of traffic collisions due to their elimination of human error. However, questions of safety, accessibility, and social equity have arisen after the first pedestrian death by an autonomous vehicle in its testing phase occurred in Tempe, AZ, in 2018. This project analyzes how social equity issues shape the discussion, creation, and implementation of governmental policies and regulations surrounding driverless automobiles in Tempe, using policy and text analysis as well as semi-structured interviews of government officials or residents of Tempe. Informed by the concept of the right to the city and critical legal studies, this research suggests that public policy around autonomous vehicles does create new and expand existing spaces for inequality in Tempe. This is exacerbated by increased awareness of inequality within Arizona’s autonomous vehicle regulation scheme and its entire transportation system after the first pedestrian death by autonomous vehicle.

Legal Regulation on Nuclear-Powered Ships Activity in Indonesian Waters Territory

On 17 September 2021, Australia, the United Kingdom and the United States signed the AUKUS agreement legitimizing the ownership and development of Australian nuclear-powered submarines. This has direct implications for Indonesia, which has a strategic position as a trade route. In response to this, Indonesia has taken several political steps at the regional level as well as in multilateral forums. This research is intended to analyze legal steps that can be taken by Indonesia to regulate the navigation and safety of nuclear-powered submarines considering that international maritime law instruments do not accommodate these concerns. Through a normative legal approach, using the theory of Critical Legal Studies and the Concept of Legal Politics, this research finds that Indonesia needs to regulate provisions for the navigation and safety of nuclear-powered submarines at the national level.

Ahmadiyya Congregation in the Shadow of Religious Politics: Tensions Between Law and Freedom of Religion

The right to freedom of religion is a fundamental right. For Indonesian people, religion is not only seen as a ritual but also as a part of the social relations between society members and the state. However, the sacred value of religion in social relations is degraded through normative recognition in the form of official religious politics. The policy does not actually engender order and justice. On the contrary, official religious political policies and restrictions on religious freedom raise widespread discriminatory practices that affect religious minority groups, such as the Indonesian Ahmadiyya Community. The purpose of this study is to examine the tension between the law and the right to freedom of religion or belief in cases of discrimination against the Ahmadiyya Community of Indonesia from the point of view of the legal theory of legal disorder. The research methods used are socio-legal with a statutory approach, a conceptual approach, and a critical legal study approach using legal disorder theory. This research emphasizes that the Ahmadiyya, as a sect in Islam, has the right to freedom of religion within the Forum Internum. In practice, the official religious politics subordinated the rights of religious freedom under the control of religious majoritarianism. However, empirical facts show that the multireligious social context of Indonesian society places the situation in a state of irregularity. Through the disorder of law theory, Sampford opens the horizons of the legal paradigm, showing that seeing and answering various irregularities cannot be done through the lens of order.

Pemekaran Daerah dan Otonomi Daerah Kerangka Hubungan Pusat Daerah

Regional autonomy as the government's choice in the administration of regional government to assist efficient and effective regional governments in managing governance. The desantralization pattern distributes authority to the regions within territorial limits. The fundamental organization enables the governing policies of a system. A policy itself in the whole system of government. The pattern of power and financial relations between the central government and regional governments is largely determined by the national political configuration at a given time. This article was written using the method of conceptual thinking with critical legal studies as the type of research. The result of this article is that the formation of new regions must be aimed at improving public services, accelerating the realization of community welfare, and also channeling political education at the local level. There is also a need for an evaluation of regional expansion with indicators of the objectives of the expansion. The urgency of evaluation is so that the desire and rapid division of regions does not make local governments paradoxical with goals. it is necessary to implement it as a corrective action so that the positive implications of corrective action can be felt more properly, it must have a legal basis by the provider of regional autonomy, namely the central government.

Liberal egalitarianism and critical legal studies: articles of conciliation

ABSTRACT Liberal egalitarian jurisprudence and critical legal studies have often been at odds, despite sharing a core of set of political and analytical commitments. This paper makes the case for their conciliation in the 21st century on the basis that both traditions have much to offer one another. Liberal egalitarians offer the theoretical tools for developing an egalitarian normative approach to law, and critical legal theorists offer a vital realism about power.