Law

David Ingram

Chapter 33 in Research Handbook on Critical Theory, 2026, pp 377-389 from Edward Elgar Publishing

Abstract: In this chapter, representatives of both sociological and normative approaches of critical theory to law will be discussed. I begin with a brief discussion of an early debate surrounding the risk that legal de-formalisation poses to the rule of law. I then move to a brief examination of constitutional, criminal, and civil law, areas that have mainly drawn the attention of sociologists. Following this summary, I turn to a discussion of law's conflicting paradigms and how these interact with neo-liberal capitalism, at both the domestic and international levels. The normative issues raised by the confluence of liberal, social-welfare, and democratic legal paradigms are brought together in my concluding examination of discourse- and recognition-based critical theory and its application to particular legal dilemmas surrounding the equal treatment of women and minorities and the judicial processing of immigration and asylum claims.

Keywords: Law; Authoritarian State; Neo-Liberalism; Democracy; Normativity (search for similar items in EconPapers)
Date: 2026
ISBN: 9781800373754
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