Critical Legal Studies focuses on legislation’s indeterminacy and on the function of social forces and power relations as the actual determinants of authorized outcomes (Kelman 1987). Luhmann’s principle, to the contrary, views the legal system as autopoietic. An autopoietic system, like a living organism, produces and reproduces its personal parts by the interaction of its parts (Teubner 1988). Bourdieu provides a fancy view of the autonomy of the “juridical field.” Legal system autonomy is the results of the fixed resistance of the legislation to other forms of social apply.
As we made clear in Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 , this language “is not limited to ‘economic’ or ‘tangible’ discrimination. The phrase ‘phrases, circumstances, or privileges of employment’ evinces a congressional intent ‘to strike on the whole spectrum of disparate treatment of men and women’ in employment,” which includes requiring individuals to work in a discriminatorily … Read More