FILSAFAT HUKUM: Critical Legal Studies @fokkyfuad

Introduction

This tutorial aims to explore the Critical Legal Studies (CLS) movement within legal philosophy, as presented in the video by Fakultas Hukum UAI. Understanding CLS is crucial for those interested in the intersection of law, social justice, and critical theory. This guide breaks down the key concepts and arguments discussed in the video, making them accessible and actionable.

Step 1: Understanding Critical Legal Studies

• Definition of CLS: Critical Legal Studies is a movement that emerged in the United States in the late 20th century, challenging traditional legal doctrines and exposing the law's role in perpetuating social hierarchies.
• Core Beliefs:
  • Law is not a neutral set of rules but is influenced by social, political, and economic factors.
  • Legal interpretations can reinforce power structures and inequalities.
  • The law can be used as a tool for social change, but it often serves to maintain the status quo.

Step 2: Historical Context of CLS

• Origins: CLS developed in the 1970s, drawing from various intellectual traditions, including Marxism, feminism, and critical race theory.
• Key Figures: Familiarize yourself with influential scholars such as Duncan Kennedy, Roberto Unger, and Catharine MacKinnon. Their works have significantly shaped the movement.
• Milestones: Understand key publications and events that marked the rise of CLS, including the first CLS conference in 1977.

Step 3: Key Tenets of Critical Legal Studies

• Indeterminacy of Law: Laws are often vague and can be interpreted in multiple ways, leading to different outcomes based on who is applying the law.
• Role of Ideology: CLS posits that legal rules reflect the dominant ideology of society and serve the interests of powerful groups.
• Critique of Legal Reasoning: Traditional legal reasoning is critiqued for being overly formalistic, ignoring the broader social implications of legal decisions.

Step 4: Applications of CLS in Real-World Contexts

• Social Justice Movements: Explore how CLS has influenced movements advocating for racial equality, gender rights, and LGBTQ+ rights.
• Legal Education: Consider how CLS challenges conventional law teaching methods, promoting a more critical approach to understanding law.
• Policy Reform: Reflect on how CLS principles can guide reforms in legal systems to address systemic inequalities.

Step 5: Engaging with Critical Legal Studies

• Read Foundational Texts: Start with key texts from CLS scholars to deepen your understanding, such as "A Critique of Adjudication" by Duncan Kennedy.
• Participate in Discussions: Engage in dialogues with peers or join study groups focusing on CLS to explore its implications further.
• Attend Workshops and Seminars: Look for opportunities to attend academic events that focus on critical legal theory.

Conclusion

Critical Legal Studies offers a profound critique of traditional legal systems and their function in society. By understanding its core principles and historical context, you can appreciate its relevance in contemporary legal discourse. To further your exploration, consider reading foundational texts and engaging in discussions about how CLS can influence social justice and legal reform.