The Analyses Of The Liberation Spirit From The Criyical Legal Studies

Critical legal studies came into being in the 1960 s.With the successive political movements and serious economic decline,the emergence of critical legal studies has caused a fierce impact on the legal basis of western capitalism.This is also the reason why critical legal theory has always been valued by academic circles.At present,the research on critical legal studies mainly focuses on the theoretical viewpoint of critical legal studies,but pays little attention to the liberation spirit behind critical jurisprudence.This paper will take a new perspective to study the critical legal movement,that is,to observe the critical legal movement through the interpretation of the liberation spirit,so as to achieve a deeper understanding of the critical legal movement.In the first part of the article,the author mainly introduces the process of the liberation spirit from gestation to development,pays attention to the abstract meaning and value pursuit of the liberation spirit in different times and different schools of thought,and interprets the embodiment of the liberation spirit from their respective theories and viewpoints and grasps the essential connotation of the liberation spirit as a whole.In the second part of the article,the author starts with the time background,ideological origin,critical strategies and ways of critical law,and narrates the origin of the liberation spirit of critical law from the historical source and methodological tools and which plays a foreshadowing role in the better analysis of the liberation factors in the movement of critical law.The third part of the article starts with the criticism of critical law to the liberal theory of the rule of law,and discusses the essential purpose behind the basic principles of liberal legal theory,legal analysis,legal reasoning and so on.The purpose is to reveal the inconsistency between the liberal legal theory and the liberation spirit.On the one hand,it is going to re-recognize the liberal legal theory.On the other hand,it is the best interpretation of the liberation spirit such as breaking the tradition and opposing privileges in the critical legal liberation movement.The fourth part is the sublimation of the whole article.The discussion of critical jurisprudence can never be separated from Unger,the soul of critical jurisprudence.Unger's critical and construction theory has pushed critical jurisprudence to the center of the historical stage,and the point of view full of passion and liberation charm has become the quintessence of critical legal theory.Therefore,the analysis of Unger's criticism and construction theory can have a deep thinking on the basis of the overall analysis,and the author's interpretation of the liberation spirit embodied in Unger's theoretical point of view is also the same intention.The fifth part plays a role of reflection and summary as the last chapter of this article.In the last part,the author combs the critical legal theory and summarizes the problems exposed by the critical legal movement in the pursuit of liberation spirit.The review of the whole critical legal movement is conducive to a deeper understanding and understanding of the critical legal movement.At the end of the article,the author leads to the Marxist philosophy of law and tries to find the answer about the essential connotation of the liberation spirit in the Marxist philosophy of law.After a comparative analysis of Marxist philosophy of law,liberal law and critical law,the author concludes that the liberation spirit in Marxist philosophy of law is a scientific and thorough liberation spirit.