quinta-feira, 20 de setembro de 2007

Critical Legal Studies e Law and Economics

Sobre o debate acadêmico norte-americano, interessante a confissão do então Professor e hoje Ministro Mangabeira Unger sobre a sua escola do Critical Legal Studies:

"One of the most important obligations anybody has toward a movement in which he participates is to hold up before it what, to his mind, should represent its highest collective self-image. My version of this image of critical legal studies is more proposal than description (...)

It may help to begin by placing critical legal studies within the tradition of leftist tendencies in modern legal thought and practice. Two overriding concerns have marked this tradition. (...)
The first concern has been the critique of formalism and objectivism. (...)

This view of the flaws in objectivism and formalism and of the close link between the two sets of ideas and the two critiques explains our approach to the most influential and symptomatic legal theories in America today: the law and economics and the rights and principles schools"

In UNGER, R. Mangabeira. The Critical Legal Studies Movement. In Harvard Law Review, 1983, vol. 96, p. 563.

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