What is the difference between Legal realism and Critical Legal Theory?
Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). The essential tenet of legal realism is that all law is made by human beings and, thus, is subject to human foibles, frailties and imperfections. Critical legal studies refers to a movement in legal thought that applied methods similar to those of critical theory (the Frankfurt School) to law. The abbreviations “CLS” and “Crit” are sometimes used to refer to the movement and its adherents. Overly simplified, Crit postulates notions such as: Law is simply politics. Legal language is a false discourse that helps perpetuate hierarchies: Man over women, rich over poor, majorities over minorities.
