Duncan Kennedy (Harvard Law School) has posted Continental and American Critical Legal Studies: A Close Reading of an Article by Giovanni Marini on SSRN. Here is the abstract:
This article, intended as a contribution to a tribute issue of the Revista critica del diritto privato, offers a detailed reading of an early article by Giovanni Marini. Marini provides a richly historicized account of the similar and different trajectories of Continental European and American critical legal studies as they stood in the early 1980s. his most striking argument is that the American extension of rigorous internal critique to the core of the corpus of private law is something that did not happen on the continent perhaps because of the deep cultural prestige in Europe of private law as theorized in the 19th century and understood as an important accomplishment of “European civilization.
Highly recommended.