TOWARDS A CONSTITUTIVE THEORY OF LAW CRITICAL LEGAL STUDIES -background of Critical Legal Studies-Critical Legal Studies v. Realism-Critical Legal Studies v. Legal Liberalism-the Critical Legal Studies position: 1) law is indeterminate i.e. law does not determine legal decisions. 2) legal decisions are dependent on the outcome of a series of contradictions in the law. 3) the way that the judges exercise their choice, and they way that contradictions in law are resolved, usually acts to uphold the unjust status quo in society; 4) the task of CLS is thus to expose the contradictions in the legal system, in order to help build a better society. -the relationship of law and society-law and social consciousness-the concept of relative autonomy -the constitutive theory of law-the Critical Legal Studies social programme-conclusion FOUCAULT AND LAW, TOWARD A SOCIOLOGY OF LAW AS GOVERNANCE-introduction-a general account of Foucault s thoughts -sovereign power (monarchial power) -analytics of power and disciplinary power -power and knowledge -power and resistance -genealogy -the purpose of prisons-Hunt s and Wickham s theory of law as governance TOWARDS A CONSTITUTIVE THEORY OF LAW CRITICAL LEGAL STUDIES -background of Critical Legal Studies-Critical Legal Studies v. Realism-Critical Legal Studies v. Legal Liberalism-the Critical Legal Studies position: 1) law is indeterminate i.e. law does not determine legal decisions. 2) legal decisions are dependent on the outcome of a series of contradictions in the law. 3) the way that the judges exercise their choice, and they way that contradictions in law are resolved, usually acts to uphold the unjust status quo in society; 4) the task of CLS is thus to expose the contradictions in the legal system, in order to help build a better society. -the relationship of law and society-law and social consciousness-the concept of relative autonomy -the constitutive theory of law-the Critical Legal Studies social programme-conclusion FOUCAULT AND LAW, TOWARD A SOCIOLOGY OF LAW AS GOVERNANCE-introduction-a general account of Foucault s thoughts -sovereign power (monarchial power) -analytics of power and disciplinary power -power and knowledge -power and resistance -genealogy -the purpose of prisons-Hunt s and Wickham s theory of law as governance TOWARDS A CONSTITUTIVE THEORY OF LAW CRITICAL LEGAL STUDIES -background of Critical Legal Studies-Critical Legal Studies v. Realism-Critical Legal Studies v. Legal Liberalism-the Critical Legal Studies position: 1) law is indeterminate i.e. law does not determine legal decisions. 2) legal decisions are dependent on the outcome of a series of contradictions in the law. 3) the way that the judges exercise their choice, and they way that contradictions in law are resolved, usually acts to uphold the unjust status quo in society; 4) the task of CLS is thus to expose the contradictions in the legal system, in order to help build a better society. -the relationship of law and society-law and social consciousness-the concept of relative autonomy -the constitutive theory of law-the Critical Legal Studies social programme-conclusion FOUCAULT AND LAW, TOWARD A SOCIOLOGY OF LAW AS GOVERNANCE-introduction-a general account of Foucault s thoughts -sovereign power (monarchial power)

-analytics of power and disciplinary power -power and knowledge -power and resistance -genealogy -the purpose of prisons-Hunt s and Wickham s theory of law as governance TOWARDS A CONSTITUTIVE THEORY OF LAW CRITICAL LEGAL STUDIES -background of Critical Legal Studies-Critical Legal Studies v. Realism-Critical Legal Studies v. Legal Liberalism-the Critical Legal Studies position: 1) law is indeterminate i.e. law does not determine legal decisions. 2) legal decisions are dependent on the outcome of a series of contradictions in the law. 3) the way that the judges exercise their choice, and they way that contradictions in law are resolved, usually acts to uphold the unjust status quo in society; 4) the task of CLS is thus to expose the contradictions in the legal system, in order to help build a better society. -the relationship of law and society-law and social consciousness-the concept of relative autonomy -the constitutive theory of law-the Critical Legal Studies social programme-conclusion FOUCAULT AND LAW, TOWARD A SOCIOLOGY OF LAW AS GOVERNANCE-introduction-a general account of Foucault s thoughts -sovereign power (monarchial power) -analytics of power and disciplinary power -power and knowledge -power and resistance -genealogy -the purpose of prisons-Hunt s and Wickham s theory of law as governance TOWARDS A CONSTITUTIVE THEORY OF LAW CRITICAL LEGAL STUDIES -background of Critical Legal Studies-Critical Legal Studies v. Realism-Critical Legal Studies v. Legal Liberalism-the Critical Legal Studies position: 1) law is indeterminate i.e. law does not determine legal decisions. 2) legal decisions are dependent on the outcome of a series of contradictions in the law. 3) the way that the judges exercise their choice, and they way that contradictions in law are resolved, usually acts to uphold the unjust status quo in society; 4) the task of CLS is thus to expose the contradictions in the legal system, in order to help build a better society. -the relationship of law and society-law and social consciousness-the concept of relative autonomy -the constitutive theory of law-the Critical Legal Studies social programme-conclusion FOUCAULT AND LAW, TOWARD A SOCIOLOGY OF LAW AS GOVERNANCE-introduction-a general account of Foucault s thoughts -sovereign power (monarchial power) -analytics of power and disciplinary power -power and knowledge -power and resistance -genealogy -the purpose of prisons-Hunt s and Wickham s theory of law as governance TOWARDS A CONSTITUTIVE THEORY OF LAW CRITICAL LEGAL STUDIES -background of Critical Legal Studies-Critical Legal Studies v. Realism-Critical Legal Studies v. Legal Liberalism-the Critical Legal Studies position: 1) law is indeterminate i.e. law does not determine legal decisions. 2) legal decisions are dependent on the outcome of a series of contradictions in the law. 3) the way that the judges exercise their choice, and they way that contradictions in law are resolved, usually acts to uphold the unjust status quo in society; 4) the task of CLS is thus to expose the contradictions in the legal system, in order to help build a better society. -the relationship of law and society-law and social consciousness-the concept of relative autonomy -the constitutive theory of law-the Critical Legal Studies social programme-conclusion FOUCAULT AND LAW, TOWARD A SOCIOLOGY OF LAW AS GOVERNANCE-introduction-a general account of Foucault s thoughts -sovereign power (monarchial power) -analytics of power and disciplinary power -power and knowledge -power and resistance -genealogy -the purpose of prisons-Hunt s and Wickham s theory of law as governance