Legal Definitions - crit

The term crit is an abbreviation for an adherent of Critical Legal Studies (CLS). Critical Legal Studies is a school of thought that emerged in the legal academic world, challenging traditional legal theories and practices.

A crit argues that law is not a neutral, objective, or purely rational system. Instead, they believe that legal rules, institutions, and doctrines are often shaped by political, economic, and social power structures. Crits analyze how law can perpetuate existing inequalities and hierarchies, rather than always serving as a universal tool for justice.

A fem-crit is a specific type of crit who applies a feminist perspective to Critical Legal Studies, focusing on how legal systems and doctrines contribute to gender inequality and patriarchal structures.

Here are some examples illustrating the concept of a crit:

• Example 1: Legal Scholar Analyzing Property Law
  A law professor publishes an article arguing that historical property laws, while appearing to establish clear ownership rights, were fundamentally designed to consolidate wealth and power among a specific class of landowners, often at the expense of indigenous populations or landless laborers. The professor points out how these laws, despite their neutral language, served to legitimize and maintain existing social hierarchies.

  Explanation: This professor is acting as a crit by challenging the perceived neutrality and fairness of property law. They are analyzing how the law, rather than being an objective system, has historically functioned to reinforce specific power structures and inequalities.

• Example 2: Law Student Questioning Environmental Regulations
  During a seminar on environmental law, a student challenges the prevailing view that current regulations are primarily about protecting nature. Instead, the student argues that many environmental laws are crafted in ways that disproportionately burden developing nations or low-income communities, allowing wealthier corporations to continue polluting while shifting the environmental and economic costs onto marginalized groups.

  Explanation: The student demonstrates a crit perspective by looking beyond the stated purpose of environmental law. They are critiquing how the application and design of these laws might serve to maintain existing power imbalances and social injustices, rather than providing universal protection.

• Example 3: Activist Lawyer Challenging Criminal Justice Policies
  An attorney working for a civil liberties organization files a lawsuit challenging a city's "stop and frisk" policy. The attorney argues that while the policy is presented as a crime-fighting tool, its implementation disproportionately targets racial minorities and low-income individuals, effectively using the legal system to control and oppress specific communities rather than ensuring equal justice for all.

  Explanation: This attorney is adopting a crit viewpoint by questioning the official justification for a legal policy. They are analyzing how the policy, in practice, operates to reinforce social inequalities and power dynamics within the criminal justice system, rather than serving as a neutral mechanism for public safety.