How did Critical Legal Studies apply deconstruction to legal writing?

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In the United States, the Critical Legal Studies movement utilized deconstruction to analyze legal writing by attempting to expose the inherent conflicts between principles and counterprinciples within legal theory.1

By applying this method, the movement examined fundamental binary oppositions that structure legal thought, such as:

  • Public and private1
  • Essence and accident1
  • Substance and form1

Consistent with the broader deconstructive approach pioneered by Jacques Derrida, this analysis sought to demonstrate that these hierarchical oppositions are not natural or necessary. Instead, they are revealed as constructions of the texts themselves, allowing scholars to explore the tensions and contradictions that exist beneath the surface of legal arguments.12