Legal Realism

Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical legal thought in the United States (American legal realism). American Legal Realism is often remembered for its challenge to the Classical legal claim that orthodox legal institutions provided an autonomous and self-executing system of legal discourse untainted by politics. Unlike Classical legal thought, American Legal Realism worked vigorously to depict the institution of law without denying or distorting a picture of sharp moral, political, and social conflict. The most important legacy of American Legal Realism is its challenge to the Classical legal claim that legal reasoning was separate and autonomous from moral and political discourse.

Read more about Legal RealismAntecedents, Defining Legal Realism, Further Explanation, Expanding Influence, Continuing Relevance

Other articles related to "legal, legal realism":

Brian Leiter - Philosophy
... Leiter's scholarly writings have been in two main areas legal philosophy and Continental philosophy ... In legal philosophy, he has offered a reinterpretation of the American Legal Realists as prescient philosophical naturalists and a general defense of what he calls "naturalized jurisprudence." This work ... of Pennsylvania Law Review) (co-authored with Jules Coleman), "Rethinking Legal Realism Toward a Naturalized Jurisprudence" (Texas Law Review), "Nietzsche and the Morality Critics" (Ethics ...
Legal Realism - Continuing Relevance
... Legal realism emerged as an anti-formalist and empirically oriented response to and rejection of the legal formalism of Dean Christopher Columbus Langdell and the American Law Institute (ALI), as well as of the ...
Jurisprudent - Analytic Jurisprudence - Legal Realism
... Legal realism was a view popular with some Scandinavian and American writers ... The essential tenet of legal realism is that all law is made by human beings and, thus, is subject to human foibles, frailties and imperfections ... as the main precursor of American Legal Realism (other influences include Roscoe Pound, Karl Llewellyn and Justice Benjamin Cardozo) ...

Famous quotes containing the words realism and/or legal:

    Placing the extraordinary at the center of the ordinary, as realism does, is a great comfort to us stay-at-homes.
    Mason Cooley (b. 1927)

    The trouble with Eichmann was precisely that so many were like him, and that the many were neither perverted nor sadistic, that they were, and still are, terribly and terrifyingly normal. From the viewpoint of our legal institutions and of our moral standards of judgment, this normality was much more terrifying than all the atrocities put together.
    Hannah Arendt (1906–1975)