- "Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science, that is, it should rely on empirical evidence."
The belief that the application of law depends on the subjective views of judges, lawyers, and other legal professionals, and is influenced by social, economic, and political factors.
The history of Legal Realism: Legal realism emerged in the early 20th century as a reaction against formalism, which held that legal decisions should be made based on abstract legal principles rather than on social, economic, or political considerations.
The critique of formalism: Legal realists argue that legal decisions cannot be divorced from social, economic, and political factors, and that judges must take into account these factors when making decisions.
The role of judges in legal realism: Legal realists believe that judges play an instrumental role in shaping the law, and that their decisions are influenced by their own beliefs, biases, and values.
The relationship between law and society: Legal realism holds that law is not a neutral or objective system, but is instead shaped by broader social, economic, and political factors.
The limits of legal reasoning: Legal realists argue that legal reasoning cannot provide definitive answers to complex legal questions, and that judges must rely on a mix of legal and non-legal considerations when making decisions.
The importance of context: Legal realists emphasize the importance of context in legal decision-making, and believe that judges should take into account the particular circumstances of each case when making decisions.
Legal pluralism: Legal realists argue that there are multiple legal systems operating within any given society, including informal systems of dispute resolution, and that these systems can influence the outcomes of legal disputes.
The role of power and politics in the law: Legal realism emphasizes the role of power and politics in shaping the law, and highlights the ways in which legal decisions can reflect and reinforce existing power structures.
The impact of legal realism on legal education and practice: Legal realism has had a significant impact on legal education and practice, with many law schools emphasizing the importance of interdisciplinary thinking and contextual analysis in legal education.
American Legal Realism: This type of Legal Realism emerged in the United States in the early 20th century. It emphasizes the importance of studying the behavior of courts and judges to understand the law.
Scandinavian Legal Realism: This type of Legal Realism originated in Denmark, Norway, and Sweden in the 20th century. It focuses on the importance of understanding the social context in which the law operates.
Australian Legal Realism: This type of Legal Realism emerged in Australia in the 20th century. It emphasizes the importance of understanding the role of the social sciences in legal decision-making.
British Legal Realism: This type of Legal Realism emerged in the United Kingdom in the early 20th century. It emphasizes the importance of studying legal reasoning and its relationship to social and political values.
Sociological Legal Realism: This type of Legal Realism emphasizes the importance of studying the social context in which the law operates, including the impact of social, economic, and political factors on legal decision-making.
Critical Legal Studies: This type of Legal Realism emerged in the United States in the 1970s. It emphasizes the importance of studying the relationship between law and power and critiques the traditional methods of legal reasoning.
Phenomenological Legal Realism: This type of Legal Realism emphasizes the importance of understanding the subjective experience of legal actors, including judges, lawyers, and litigants.
- "Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences."
- "As such, legal realism emphasizes law as it actually exists, rather than law as it ought to be."
- "Locating the meaning of law in places such as legal opinions issued by judges and their deference or dismissal of past precedent and the doctrine of stare decisis."
- "Legal realism asserts that the law cannot be separated from its application, nor can it be understood outside of its application."
- "It stresses the importance of understanding the factors involved in judicial decision making."
- "The United States of America is described as 'home of the principal realist tradition in jurisprudence'."
- "In Scandinavia Axel Hägerström developed another realist tradition that was influential in European jurisprudential circles for most of the 20th century."
- "Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science, that is, it should rely on empirical evidence."
- "As such, legal realism emphasizes law as it actually exists, rather than law as it ought to be."
- "Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced."
- "It stresses the importance of understanding the factors involved in judicial decision making."
- "Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries."
- "Understanding the factors involved in judicial decision making."
- "Locating the meaning of law in places such as legal opinions issued by judges and their deference or dismissal of past precedent and the doctrine of stare decisis."
- "Legal realism emphasizes law as it actually exists, rather than law as it ought to be."
- "Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science."
- "Legal realism is the view that jurisprudence should emulate the methods of natural science."
- "Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences."
- "In Scandinavia Axel Hägerström developed another realist tradition that was influential in European jurisprudential circles for most of the 20th century."