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...
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New legal realism (NLR) is an emerging school of thought in American legal philosophy. Although it draws on the older legal realism from the first half...
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realism (metaphysics) Agential realism (Barad) Australian realism Austrian realism Christian realism Conceptualist realism (Wiggins) Critical realism...
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naturalism Legal process school Legal realism Legalism (Chinese philosophy) Libertarian theories of law Living Constitution Natural law New legal realism Philosophy...
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Jurisprudence (redirect from Legal theory)
besides legal rules that led to a legal decision. There are two separate schools of legal realism: American legal realism and Scandinavian legal realism. American...
54 KB (6,825 words) - 00:42, 21 July 2024
of formalism is legal realism, which has been said to be "[p]erhaps the most pervasive and accepted theory of how judges arrive at legal decisions." This...
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The influence of legal realism unsettled American jurisprudence for decades. Alan Hunt writes that the period "between the realism of the 1930s and the...
30 KB (3,833 words) - 18:00, 15 September 2024
Realism, a school of thought in international relations theory, is a theoretical framework that views world politics as an enduring competition among...
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Philosophy of law (redirect from Legal philosophy)
or arbitrary grounds. According to legal realism, law is not a rational system of rules and norms. Legal realism is critical of the idea that law has...
20 KB (2,489 words) - 18:50, 26 August 2024
Philosophical realism – usually not treated as a position of its own but as a stance towards other subject matters – is the view that a certain kind of...
24 KB (2,731 words) - 17:55, 11 September 2024
Karl Llewellyn (category American legal scholars)
with the school of legal realism. The Journal of Legal Studies has identified Llewellyn as one of the twenty most cited American legal scholars of the 20th...
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J. Howard Marshall (category American legal scholars)
procedure, while also publishing articles as a member of the influential legal realism school of thought. He worked with future Supreme Court Justice William...
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in Dao. While the term Legalism has still seen some conventional usage in recent years, such as in Adventures in Chinese Realism, apart from its anachronism...
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LaVeyan Satanism - Law, philosophy of - Lawsonomy - Legal positivism - Legal realism - Legalism (Chinese philosophy) - Leninism - Liberalism - Libertarianism...
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a third way between legal formalism and legal realism. Drawing its name from Hart & Sacks' textbook The Legal Process (along with Hart & Wechsler's textbook...
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of the leading figures of Scandinavian legal realism. His debate in 1959 with the prominent British legal philosopher H. L. A. Hart – which began in the...
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Prentice-Hall. Llewellyn, Karl N. (1986). Karl N. Llewellyn on Legal Realism. Birmingham, AL: Legal Classics Library. (Contains penetrating classic "The Bramble...
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"right answer" thesis. In its strongest form it is an extreme version of legal realism. It argues that nothing is law until it has been promulgated by an official...
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Wechsler. Cohen became a leading figure in Legal Realism, a legal movement that challenged the Formalist idea that legal principles could be discerned in the...
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– January 13, 1957) was an American legal philosopher and author who played a leading role in the legal realism movement. He was chairman of the U.S...
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more narrowly quantitative than fields such as law-and-society or new legal realism (NLR), which embrace qualitative and quantitative social science methods...
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law, not make it." To formalism's rival, legal realism, this criticism is incoherent, because legal realism assumes that, at least in difficult cases...
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dean, he gained notice for Yale's development of the philosophy of legal realism. Hutchins was thirty years old when he became Chicago's president in...
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the history of European law" (PDF). Europe. The New Legal Realism. Europe. The New Legal Realism, DJØF Publishing: Århus, 2010. Archived from the original...
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Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its...
27 KB (2,693 words) - 00:37, 11 September 2024
legal philosopher. He studied law at Uppsala from 1915 to 1920 and was a pupil of Axel Hägerström, the spiritual father of Scandinavian legal realism...
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Skepticism in law (redirect from Legal Scepticism)
and a response to the 'formalism' of legal positivists. Legal skepticism is sometimes known as legal realism. According to Richard Posner, "The skeptical...
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court held that the word "marry" could not in that context mean "become legally married" since that could never apply to someone who is already married...
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School, Johns Hopkins, the University of Michigan. Yntema was a leading legal realism. Yntema founded The American Journal of Comparative Law in 1952 and...
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from a court. The theory played a key role in influencing American legal realism. H. L. A. Hart criticized the theories in his The Concept of Law (1961)...
2 KB (316 words) - 03:09, 13 November 2023