Cartography of Critical Legal Theories: Notes for a Reflection on the Relation between Law and Power

Abstract

This paper proposes an identification of the main arguments suggested by certain critical theories concerning the relationship between law and power. In order to (re)think the function of law as an instrument not only of power, but as an element of social transformation, we promote here a reflection on aspects raised by these theories; among others, the same notion of power, oppression, intersectionality or decoloniality. These categories are relevant to examine how law regulates the experiences of discrimination of specific social groups, highlighting the intimate relationship between the social contexts, the premises and the legal answers. To do so, we examine in particular how asylum law responds to claims grounded on sexual orientation and gender identity. Finally, this reasoning suggests a conception of law oriented to action and the social change.