Myths, AI, Queer Legal Theory and Decoloniality

This autumn, Legal Theory II at the University of Akureyri brought together expertise from law, social sciences, philosophy, education and technology.

Developed within the Faculty of Law, this ML course was designed as a collaborative teaching initiative reaching beyond traditional disciplinary boundaries and drawing on the different academic backgrounds of four UNAK teachers. The course introduced students to Critical Legal Studies (CLS), questioning the neutrality of law and its relationship with social, political and economic structures. Students explored debates on legal authority and judicial discretion, alongside contemporary perspectives including decolonial theory, artificial intelligence, queer legal theory and critical race theory.

Different disciplines shed light on law and society

Dr. Sara Fusco, Adjunct at the Faculty of Law, opened the course by introducing the origins and development of Critical Legal Studies and its challenge to traditional approaches to legal reasoning. She also led a session on decolonial and post-colonial theories and critiques of legal studies, examining sovereignty, colonialism and the historical development of international law.

Dr. Davíð Þór Björgvinsson, Professor Emeritus at the Faculty of Law, led two sessions at the core of the CLS tradition: the myth of legal neutrality and legal indeterminacy and judicial discretion. Students considered whether judges can separate law from politics, why apparently similar legal rules may lead to different outcomes, and what ultimately constrains judicial interpretation. His contribution drew directly on his extensive experience as both an academic and a judge, including at the European Court of Human Rights.

The course also moved beyond the conventional boundaries of legal scholarship. Dr. Kristian Guttesen, Assistant Professor at the Faculty of Education, introduced students to cognitive sovereignty, human dignity and artificial intelligence. His session explored how emerging technologies alter relations of power, particularly in the workplace, and whether legal theory can protect dimensions of human autonomy and value that resist technological measurement and commodification. His interdisciplinary background in philosophy and education provided an opportunity to approach AI through questions of knowledge, autonomy, human development and moral value.

Dr. Árdís Kár Ingvars, Assistant Professor at Faculty of Social Sciences, brought perspectives from sociology and contemporary social theory into the final part of the course. Her session examined how Critical Legal Studies has influenced later critical traditions, focusing particularly on queer legal theory and critical race theory. Drawing on her research on migration and SOGIE refugees, she demonstrated how legal categories, institutions and administrative practices interact with identity, power and lived experience. Her work on queer refugees under the Dublin system also illustrated how critical theory can reveal the effects of apparently neutral legal and bureaucratic structures on individuals navigating migration regimes.

Tools for the lawyers of tomorrow

The different contributions were connected by a common question: What can legal theory offer future lawyers in a rapidly changing and increasingly interdisciplinary world?

Hera Jóhanna Heiðmar Finnbogadóttir, ML student, reflected on the course: "

Legal Theory is a valuable course to take as our vast world becomes increasingly interconnected through technological developments and emerging norms. Questions about artificial intelligence are multiplying, the law is struggling to keep pace with technology, and cultures are blending through increased migration. We find ourselves in a situation where it is difficult to predict what tomorrow will bring. I therefore believe this course will help me develop the tools needed to navigate this new reality."

Ragnheiður Anna Hallsdóttir, ML student, added:

"I wanted to explore more legal theories and gain a deeper understanding of the ideas behind the legal rules we study. I believe this will strengthen my critical thinking in my future legal career." With the course now concluded, Legal Theory II stands as a positive example of cross-faculty collaboration initiated within legal education at UNAK.

For more information: Dr. Sara Fusco, coordinating teacher.