Duncan Kennedy (*1942 in Washington, D.C.) is the Carter Professor of General Jurisprudence at Harvard Law School. Kennedy received the A.B. from Harvard College in 1964 and the LL.B. from Yale Law School in 1970. Having completed a clerkship with a US Supreme Court justice, Potter Stewart, Kennedy joined the Harvard Law School faculty, becoming a full professor there in 1976. The year after that, together with Karl Klare, Roberto Unger, and a number of other like-minded scholars, he established the Critical Legal Studies movement. Although outside legal academia he is mostly known today for his monograph Legal Education and the Reproduction of Hierarchy, famous for its trenchant critique of American legal education, among legal scholars Kennedy is deservedly considered one of the most original and influential modern writers on legal theory. Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... Harvard College is the main undergraduate section of Harvard University. ... For the Nintendo 64 emulator, see 1964 (Emulator). ... Yale Law School, in New Haven, Connecticut, is a division of Yale University. ... 1970 (MCMLXX) was a common year starting on Thursday. ... Justice Potter Stewart Potter Stewart (January 23, 1915 - December 7, 1985) was an Associate Justice of the United States Supreme Court. ... 1976 (MCMLXXVI) is a leap year starting on Thursday (link will take you to calendar). ... Critical legal studies refers to a movement in legal thought that applied methods similar to those critical theory (the Frankfurt School) to law. ... This article is about law in society. ...
Bibliography
A Critique of Adjudication [fin de siecle], (Harvard University Press, 1997)
Sexy Dressing, etc., (Harvard University Press, 1993)
"Freedom and Constraint in Adjudication: A Critical Phenomenology," 36 Journal of Legal Education 518 (1986)
"Form and Substance in Private Law Adjudication," 89 Harvard Law Review 1685 (1976)
"A Semiotics of Critique," 22 Cardozo Law Review 1147 (2001)
Critical legal studies refers to a movement in legal thought that applied methods similar to those critical theory (the Frankfurt School) to law. ... The indeterminacy debate in legal theory can be summed up as follows: Can the law constrain the results reached by adjudicators in legal disputes? Some members of the critical legal studies movement — primarily legal academics in the United States — argued that the answer to this question is no. ...
Kennedy is quite good at describing the use of "cold" and "hot" cases by law professors: "the opposition between the technical, boring, difficult, obscure legal case, and the occasional case with outrageous facts and a piggish judicial opinion endorsing or tolerating the outrage." (p.
Kennedy thinks that the false self-conception does have deleterious effect: it depoliticizes students, that is, it delegitimizes their own (egalitarian) value judgments, so that they then take on the (hierarchical) values implicit in the institution of law school.
Kennedy's project has been to find contradictions at the heart of the human condition[47] and contradictions, gaps and ambiguities in legal texts and legal thinking (recall that this is what he thinks law students should learn from mastering legal analysis).
DuncanKennedy is the Carter Professor of General Jurisprudence at Harvard Law School.
Kennedy received the A.B. from Harvard College in 1964 and the LL.B. from Yale Law School in 1970.
Professor Kennedy became one of the most influential legal thinkers of the late twentieth century as a result of his association with the Critical Legal Studies movement.
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