Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

brush

(53,778 posts)
Tue Sep 6, 2022, 12:06 AM Sep 2022

Tsk, tsk, tsk. At one time there was widespread repect for most judges...

but after Alito and the rest of the SCOTUS 6, and now after Cannon and her ill conceived, trump favorng debacle of a decision, ya just have to shake your head and realize there's quite a bit of built-in, systemic corruption in the legal system...just what Critical Race Theory is all about, but that can't be discusssed.

18 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Ocelot II

(115,691 posts)
2. Critical Legal Studies is to law what CRT is to race.
Tue Sep 6, 2022, 12:15 AM
Sep 2022

According to CLS theory, which started appearing during the '70s as an extension of legal realism, the law is intertwined with social issues such that the law has inherent social biases and furthers the interests of those who create the law.

brush

(53,778 posts)
15. Ocelot ll, I forgot to ask you yesterday, did CLS arise...
Tue Sep 6, 2022, 03:54 PM
Sep 2022

parallel, related to or in conjunction with CRT which also arose during the '70s, or was it just the zeitgeist of the times where questioning authority, the establishment and institutions was part of youth culture of the '60s and'70s?

Ocelot II

(115,691 posts)
16. A little of both. There was a significant Marxist influence at one point - theoretical,
Tue Sep 6, 2022, 04:46 PM
Sep 2022

not "Communist." It was pretty arcane, academic stuff. Here's some background info:

History
CLS was officially started in 1977 at the conference at the University of Wisconsin-Madison, but its roots extend earlier to when many of its founding members participated in social activism surrounding the Civil Rights movement and the Vietnam War. The founders of CLS borrowed from non-legal fields such as social theory, political philosophy, economics, and literary theory. Among noted CLS theorists are Roberto Mangabeira Unger, Robert W. Gordon, and Duncan Kennedy.

Influences
Although CLS has been largely contained within the United States, it was influenced to a great extent by European philosophers, such as Karl Marx, Max Weber, Max Horkheimer, Antonio Gramsci, and Michel Foucault. CLS has borrowed heavily from Legal Realism, the school of legal thought that flourished in the 1920s and 1930s. Like CLS scholars, legal realists rebelled against accepted legal theories of the day and urged the legal field to pay more attention to the social context of the law.


https://www.law.cornell.edu/wex/critical_legal_theory#:~:text=Critical%20legal%20studies%20(CLS)%20is,those%20who%20create%20the%20law.

I tried reading some stuff by Roberto Unger and Duncan Kennedy and it gave me a headache.

yankee87

(2,173 posts)
5. Bush vs. Gore
Tue Sep 6, 2022, 12:48 AM
Sep 2022

That’s when the beginning of the end for respecting judges started. We. have rapidly devolved the judicial system since the.

GoCubsGo

(32,083 posts)
13. Yes, that was Patient Zero.
Tue Sep 6, 2022, 07:52 AM
Sep 2022

Although, one could also say that it was the installation of the grossly unqualified, corrupt Clarence Thomas, onto the Supreme Court. Which eventually helped lead to the Bush vs. Gore decision.

WarGamer

(12,444 posts)
6. Been going on for a loooong time.
Tue Sep 6, 2022, 01:05 AM
Sep 2022

IN fact... innate corruption of the US Court system... State AND Federal is a feature, not a bug.

 

inthewind21

(4,616 posts)
18. Correct
Tue Sep 6, 2022, 05:42 PM
Sep 2022

A very very long time. The public only notices when a case is made very public. Such as Bush V Gore. If the public wouldn't bend over backwards to get out of jury duty and actually go sit on a jury, it will take about 15 minutes to come to the realization that the judicial system is no where near what it's touted to be and what most think it is.

brush

(53,778 posts)
9. So true. And a lot of them are still dumb enought to forget...
Tue Sep 6, 2022, 04:06 AM
Sep 2022

there are cameras everywhere now...in peoples' pockets or installed in/on buildings yet many still get caught brutalizing and/or killing innocent people, mostly POCs.

GoCubsGo

(32,083 posts)
14. It's the "chicken or the egg" thing.
Tue Sep 6, 2022, 08:02 AM
Sep 2022

When the airwaves are flooded with the likes of "The People's Court""Divorce Court," "Judge Judy (or whomever)", and Court TV, it's no wonder we wind up with the likes of Jeanine Pirro further blurring the whole system.

Latest Discussions»General Discussion»Tsk, tsk, tsk. At one tim...