The Evolution of Critical Legal Theory

According to Oliver Wendell Holmes Jr, judges should follow past judgements if it is reasonable to do so.

According to Karl Llewellyn, law is always catching up with society because society is constantly changing.

According to Jerome Frank, it is impossible to predict the fact findings of judges and juries, even in situations where the rules are clear.

According to the text, statutes become law only after they are enforced by the courts.

According to the realists, what is the main factor in the formation of judicial decisions?

What do the American realists believe about the indeterminacy of law?

According to the pragmatic model of adjudication, what role should judges adopt?

What do the realists argue about the force of the law?

According to Critical Legal Studies (CLS), what is the main reason law is considered indeterminate?

According to CLS, how does law function ideologically?

What is the CLS critique of rights?

What is Duncan Kennedy's role in Critical Legal Studies (CLS)?

Where have the key insights of Critical Legal Studies been subsumed within other perspectives?

What are some of the foundational questions that underlie Critical Race Theory and the law?

Who is considered foundational to Critical Race Theory?

What is the dilemma of rights discourse for Critical Race Theory scholars?

According to the text, what did Hart regard as the fundamental flaws in the realist conceptualization of law?

According to the text, what did American realism prompt legal positivists to do?

According to the text, what were some intellectual influences shaping Critical Legal Studies?

According to the text, what does Critical Legal Studies challenge?

According to the text, what does Critical Race Theory NOT assert?

According to the text, what has been part of the same experience in the quest for racial justice?

According to the text, what do the reforms brought about by appeals to legal ideology seem to undermine?

According to the text, what does Critical Race Theory NOT assert about race and sex?

According to the text, what does Critical Race Theory NOT assert about discrimination?

According to the text, what does Critical Race Theory NOT assert about psychological distress?

What are human rights?

What term was used in earlier centuries to refer to moral rights?

What do human rights impose obligations on?

What do human rights reflect?

What do fundamental human rights take precedence over?

According to rights theorists, some preferences are considered illegitimate and should not be taken into account in decision making because

According to Marx, rights serve the interests of

According to Dworkin, individual rights are political trumps that

Human rights impose obligations on

The International Bill of Rights consists of

According to Bernard Hardcourt, what has happened to the harm principle?

What is the main focus of the debate today, according to the text?

What is the name of the government's proposed bill mentioned in the text?

When was the government's proposed bill first proposed?

According to the analysis mentioned in the text, what could the government's proposed bill jeopardize?

Why was the prohibition found to be overbroad?

What did the Court suspend in the case?

What did the Court suggest about the legislative response?

What did Michael Walzer argue about justice?

What does liberalism provide us with?

Which generation of rights primarily focuses on socio-economic rights and positive rights?

What is weak-form judicial review?

In the case of Carter v Canada, what did the Supreme Court of Canada hold about the laws prohibiting physician-assisted dying?

What are the principles of fundamental justice that must be complied with in order to deprive life, liberty, or security of a person?

What is the main criticism of strong-form judicial review?

According to Immanuel Kant, rights are an expression of ________

Who was one of the earliest utilitarians and hostile to the idea of natural rights?

According to Bentham, the only rights are ________ rights.

Utilitarianism is a consequentialist theory that measures the rightness or wrongness of actions solely by reference to their ________.

According to utilitarianism, the best course of action is one that achieves the highest ________ compared to alternative courses of action.