The Critical Legal Pocketbook

Synopsis

The Critical Legal Pocketbook provides the tools for law students to uncover the hidden intricacies of law. Law creates an ethical and rational facade for itself, but beneath the surface you will find that it has its monsters; the leviathan of the state, the golems of racism and misogyny, the hydra of coloniality, the vampire of capitalism. These roam throughout law’s subterranean structures. At the same time, law is often painted as a heroic defence of the innocent against these terrors. Legal education likes to forget the ways that law was essential in generating structures of domination and subjection. The Critical Legal Pocketbook casts a different light on the law, illuminating some of the ways in which law (and legal education in particular) nourishes its monsters – and sometimes works to make these monsters look tame and docile. Drawing on recent developments in critical legal theory, it considers other dimensions of law: its ambiguity, susceptibility to capture, and its potential as a site of rupture.

Edited by students at the University of Warwick, and written by expert critical legal researchers and practitioners, the Critical Legal Pocketbook is essential reading for law students in the UK and other common law jurisdictions. The Pocketbook includes twenty-five substantive chapters on traditional legal subjects from Contract Law to Human Rights, and from Mooting to Property Law. Interspersed among these are fifteen key concept notes that aim to help students grasp the complexity and plurality of critical analyses of law.

Summary

Chapter 1: The Critical Legal Toolbox

This chapter introduces the critical legal toolkit, including the concepts of critical theory and critical legal studies. It emphasizes the importance of questioning established legal norms and structures to expose their hidden biases and injustices.

Example: The case of Brown v. Board of Education (1954) can be analyzed critically to reveal the underlying power dynamics and racial assumptions that influenced the Supreme Court's decision to end school segregation.

Chapter 2: Deconstructing Legal Texts

This chapter focuses on the deconstruction of legal texts, challenging assumptions and revealing the rhetorical strategies employed to justify legal rules. It argues that legal texts are not neutral or objective, but rather products of social and political forces.

Example: The "reasonable person" standard in negligence law can be deconstructed to show that it is inherently biased towards the dominant societal norms and privileges.

Chapter 3: The Politics of Law

This chapter examines the political nature of law, emphasizing how it is shaped by power relations, social interests, and ideological struggles. It argues that law is not a neutral arbitrator of disputes, but rather a tool used to maintain and perpetuate existing power structures.

Example: The laws governing campaign finance can be seen as mechanisms to protect the interests of wealthy donors and limit the influence of ordinary citizens.

Chapter 4: The Role of Legal Consciousness

This chapter explores the concept of legal consciousness, arguing that individuals' understanding of law is influenced by their social position and experiences. It highlights the role of law in shaping people's perceptions of justice and social relations.

Example: A study of domestic violence survivors might reveal that their understanding of legal remedies is shaped by their fears of retaliation and the barriers they face in accessing justice.

Chapter 5: The Critical Legal Project

This chapter summarizes the main goals and methodologies of critical legal studies, emphasizing the importance of using law as a tool for social change and empowerment. It argues for the creation of a more just and equitable legal system.

Example: The work of legal aid organizations that provide pro bono services to marginalized populations can be seen as a form of critical legal practice that challenges existing power dynamics and promotes access to justice.