On The Critical Legal Studies Movement资料.pdf

Notre Dame Law School NDLScholarship J ournal Articles Pu lications 1985 On The Critical Legal Studies Movement J ohn M. Finnis Notre Dame Law School, John.M.Finnis.1@ Follow this and additional works at : /law_faculty_scholarship Part of the Contracts Commons, Legal History, Theory and Process Commons, and the Natural Law Commons Recommended Citation Finnis, John M., On The Critical Legal Studies Movement (1985). J ournal Articles. Paper 847. /law_faculty_scholarship/847 This Response or Comment is brought to you for free and open access y the Pu lications at NDLScholarship. It has been accepted for inclusion in J ournal Articles y an authorized administrator of NDLScholarship. For more information, please contact lawdr@. ON THE CRITICAL LEGAL STUDIES MOVEMENT J.M. FINNIS Roberto Ungers very long article, The Critical Legal Studies Movement (1983), has been acknowledged as a seminal guide to the ideas of the Movement. The present study critically examines the account of legal thought there developed by Unger, and tests it against Ungers own account of certain exemplary difficulties in the Anglo-American law of Contract. These scrutinies reveal that Ungers account fundamentally misunderstands the ways of legal thought, and disguises its misunderstanding behind equivocations on (in)determinate and (un)justified. The complexities of the problems of fairness with which Contract law must grapple are not captured by Ungers triadic schemas, which are at once too com- plex and too simple. Behind all this is a poverty-stricken conception of the forms of human good and the requirements of practica