ABSTRACT

The battle now raging in the legal academy between the critical legal studies movement (CLS) and its critics has taken a decisive turn. Battles over decisions not to hire or give tenure to scholars associated with CLS have been front-page news in the academic community, and the tone of scholarly discussion has become decidedly negative. Much of the criticism has been aimed at one person often considered a guru to CLS, Roberto Unger. CLS serves as a kind of shortcut to the classics of left social theory, cultural criticism and philosophy. The first basic issue dividing CLS and mainstream legal scholarship has to do with the cultural context in which legal scholarship and education take place. The second basic issue between CLS and its liberal critics has to do with the role of historical consciousness and theoretical reflection in legal scholarship.