Question1
The critical legal theory argues that the applied law is a reflection of political values. The theory evaluates the connection that exists between prevailing political concerns including other issues connected to power, influence, class, gender, race, and economics (Gearey, 2005). This theory tries to bring out the contradiction that exists in the application of the legal in contemporary issues. It emphasizes on the law being critical without just considerations of politics, economics and but also other factors. The theory fights for the rights of those neglected in the society, those with no power or any influence in both political and economic matters. Since its establishment in 1977, it has stability in challenging the legal law (Gearey, 2005). With this theory, development of legal law is based on social, economic, philosophical and economic aspects. The weak can find justice and enjoy their rights. The individual rights have now been in application and awareness concerning them spread. Critical legal theory ensures that there is a balance in the development of the legal law which improves equality as people can enjoy their rights. This theory has hugely impacted the individual rights of people of color in the United States. This is because the theory aims at creating a world where people are removed from slavery (University, March 8, 2005).
Question 2
Critical theory is a direct attack on the orthodoxy of legal theory. Legal theory is full of legitimization of the social injustices as it is formulated by people in power and those with great influence on economic and political matters. These sets of theories try to bring out the difference between law and justice (Balkin, 2008). The critical legal theory argues that legal theory is full of injustices. The critical legal theory looks at how the law is formulated and applied to weed out injustices and uphold justice. In its argument, critical legal theory tries to argue the importance of replacing the legal law with the critical legal law. In fact, the proponents of the critical theory have defined it as “a theory that challenges and overturns the standards in legal theory and practice” (Balkin, 2008). Therefore, a direct attack is made to legal theory as it is not critical in its formulation and application of justice and the fighting against injustices evident in society.
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References
Balkin, J. M. (2008 ). Critical Legal Theory Today . In F. J. Mootz, PHILOSOPHY IN AMERICA LAW 3rd (pp. 1-12). Cambridge University Press .
Gearey, C. D. (2005). Critical Jurisprudence: The Political Philosophy of Justice. Hart Publishing .
University, S. (March 8, 2005). Critical Theory . Stanford Encyclopedia of Philosophy .
