Notre Dame Law School NDLScholarship Journal Articles Publications 1985 On "The rC itical Legal Studies Movement" John M. Finnis Notre Dame Law School,
[email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Jurisprudence Commons, and the Natural Law Commons Recommended Citation John M. Finnis, On "The Critical Legal Studies Movement", 30 Am. J. Juris. 21 (1985). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1099 This Response or Comment is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. ON "THE CRITICAL LEGAL STUDIES MOVEMENT" J.M. FINNIS Roberto Unger's very long article, "The Critical Legal Studies Movement" (1983), has been acknowledged as a seminal guide to the ideas of the "Movement." The present study critically examines the account of legal thought there developed by Unger, and tests it against Unger's own account of certain "exemplary" difficulties in the Anglo-American law of Contract. These scrutinies reveal that Unger's account fundamentally misunderstands the ways of legal thought, and disguises its misunderstanding behind equivocations on "(in)determinate" and "(un)justified." The complexities of the problems of fairness with which Contract law must grapple are not captured by Unger's triadic schemas, which are at once too com- plex and too simple. Behind all this is a poverty-stricken conception of the forms of human good and the requirements of practical rea- sonableness, and a scepticism which rests on unsound arguments.