Which legal philosophy seeks to enhance social justice?

Disable ads (and more) with a premium pass for a one time $4.99 payment

Study for the ASU CRJ100 Exam 1. Use flashcards and multiple choice questions with hints and explanations. Prepare effectively for success!

The focus on Critical Race Theory as the correct answer is rooted in its foundational principle of examining the ways in which race and racism intersect with other forms of social stratification, such as class and gender, to create inequalities within the legal system. This legal philosophy argues that laws and legal institutions are often shaped by systemic discrimination and that this pervasive injustice must be challenged to promote social justice.

Critical Race Theory seeks not only to understand how racism operates within the law but also to actively promote reform that seeks to address these injustices and enhance equity in society. It emphasizes the importance of social context and lived experiences in the understanding and application of law, asserting that law is not neutral but is instead a tool that can perpetuate social inequalities or be used to advocate for marginalized communities.

In contrast, other philosophies like Legal Formalism prioritize a strict interpretation of the law without considering external social factors, Natural Law Theory focuses on moral principles derived from nature or human reason rather than social justice as a goal, and Legal Realism emphasizes the influence of social factors in judicial decision-making but doesn't directly advocate for enhancements to social justice in the same way that Critical Race Theory does.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy