ABSTRACT

To return to the critique of expertise which introduced this chapter, once legal theory takes an interperspectival, critical turn, it will become aware that it is not in a privileged epistemological position. The expert culture of legal theory, confined so far in academia and State courts, will acknowledge its limitations. Interperspectival, critical legal theory can also bridge the gap between the sociological and the philosophical study of the law. As Brian Tamanaha too argues, the divide between legal theory and socio-legal theory is false. Interperspectival legal theory is necessarily sociological to the extent that it focuses on the examination of all instances of legality. Interperspectival social legal theory combines the philosophical and the sociological in a substantive and organic way. Its focus is on the sociological exploration of how various communities employ legal language and it also engages in discourse with them in order to assess the rightness of their linguistic and normative practices.