The New Realism and Lawlessness in Kaleidoscope
When Harold Laski writes on the topic of Mr. Justice Holmes he draws upon nearly a lifetime of correspondence between them, a correspondence in which they critically shared and compared some of the leading and the emergent ideas of their time, including the theory of signs and the pragmatic philosophy of Charles Sanders Peirce. It is from the writings of the patriarchs of pragmatism -- Peirce, James, Dewey -- that Holmes drew his major insights for the movement in Legal Realism of which he is the acclaimed founder, I claim. The Legal Realism which directly followed Holmes, mainly through the work of Garland, Frank, Llewellyn and others of that period, was not a unified movement; rather, it shared certain tenets which, in spite of the diversity of views among its spokesmen, can be thought of as a cohesive “school” or movement in American law.
The Critical Legal Studies Movement
Critical Legal Studies (CLS) is a network of leftist legal scholars hostile to American political ideology and liberal political theory that traces its beginnings to the ‘Conference on Critical Legal Studies’ at the University of Wisconsin in 1977. 1 The movement has since seen many derivations. One of its main figures, legal scholar Duncan Kennedy, conceives CLS as both a network of leftist activists and as a branch of scholarly literature, arguing: ‘... critical legal studies has two aspects. It’s a scholarly literature and it has also been a network of people who were thinking of themselves as activists in law school politics. Initially, the scholarly literature was produced by the same people who were doing law school activism. Critical legal studies is not a theory. It’s basically this literature produced by this network of people.’ 2 Political and legal theorist Roberto Mangabeira Unger notes that while the movement ‘continued as an organizing force only until the late 1980s, ... its founders never meant it to become an ongoing school of thought or genre of writing.’ He delves further into the movement’s activist role in this book-length revision of his long, seminal 1983 article, ‘The Critical Legal Studies Movement.’ Interesting for Unger’s followers, this new edition is accompanied by an extended discussion on the potential of law and legal thought to inform the self-construction of society under our current democracy. Put differently, Unger proposes a shaping of society based on a vision of human personality devoid of the hidden interests and class domination, which, for the CLS movement, are the pillars sustaining liberal legal institutions in the West.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.