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Relativism, reflective equilibrium, and justice

Published online by Cambridge University Press:  02 January 2018

Justin Schwartz*
Affiliation:
Ohio State University College of Law Columbus, Ohio

Extract

As the issue is usually framed, the fundamental issue at stake between mainstream liberal jurisprudence and various forms of Critical Legal Studies (CLS) is, as Jeffrie Murphy puts it, whether there are ‘neutral principles in law and morality. By neutral principles [are] mean[t] those principles that can be agreed to by all rational beings.’ CLS theorists of all sorts typically hold that there are no neutral principles in a society divided into groups with vastly unequal power and status. Socialist Critics assert the class character of the law and morality. Feminist and Critical Race Theorists hold that these are infected with gender or racial biases. Social conflict between groups translates into irreconcilable conflicts of values. But in rejecting liberal neutrality, Murphy claims, the Critics fall into a radical ‘value relativism or skepticism’, which he regards as pragmatically self-defeating given their political commitments to the interests of subordinate groups.

Information

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 1997

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