Class notes
Legal Realism
- Course
- Jurisprudence
- Institution
- University Of The West Of England
- nature of legal realism - holmes - llwellyn - frank - realism in the caribbean
[Show more]
Content preview
Jurisprudence Legal RealismNature of Legal Realism
• family of theories about the nature of law developed in the 19thc in the US
• declined after WW II when natural law had a great comeback but even today, it
continues to have an influence on how we look at law
• core idea is that law is made by human beings and is therefore subject to human
foibles, frailties, and imperfections
• what law IS not ought to be
—> Influences
• critical legal studies
• feminist legal theory
• critical race theory
• law and economics school
• law and society school
• pragmatism
• jurimetrics and judicial behaviouralism
• originated in the 60s with the increased use of computers in law practice
• the term was popularized by the ABA Jurimetrics Journal of Law, Science,
and Tech
• term is used to mean a strictly empirical approach to the law
—> Emphasis on Real World Outcomes
• law is concerned and intrinsically tied to the real-world outcomes of particular
cases
• jurisprudence should therefore not be an abstract study of law
• there are less abstractions and hypothetical predictions
• requires more empirical reflections of fact
—> 5 movements
• there’s no one realist school, 5 various movements instead
1. law follows dominant social, economic, political powers in society
• Losee and Buchanan 1873: court held that a landowner’s right to enjoy
property could be modified by the needs of the social state
KMB 1 of 6
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller kbrown. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for CA$5.16. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
50155 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now