Transformative Private Law Blog (
2024)
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Abstract
'Critique' seems to have run out of steam, increasingly being reduced to a ritualized performative act. 'Of course, I am critical' one says and goes on with everyday practice. This is most visible in the gradual fading out of the Frankfurt School of Critical Theory. Surprisingly few read Habermas today. The US-American critical legal studies movement, essentially a lightweight version of Frankfurt School insights adjusted to the US-American context and to law and combined with a dose of French poststructuralism, has suffered the same fate. But how could a new theory look like? And what role would law play in it? Essentially it would be a renewed and transformed theory of modernity.