Class Notes (808,554)
Canada (493,288)
LWSO 201 (30)

LWSO201 - Legal realism_5.doc

3 Pages
Unlock Document

University of Calgary
Law and Society
LWSO 201
Marywyatt Sindlinger

Legal Realism 1) Legal Realism a) Incorporates human agency that legal positivism marginalized or failed to take into account • Law is administered by human beings and we influence legal outcomes • Who we are and our beliefs affects our decision (what the judge had for breakfast) • It’s subconscious • Incorporates human agency – rules are just words on a page if we don’t look at how people behave • They are only implemented by people • Focuses on the individual and what each person brings to the table b) Law is not an object to be empirically studied, nor is it about universal truths • The law can be bent, stretched and twisted to help you arrive at a desired outcome • Keywords wills allow for this to happen (reasonable means, reasonable care – very open to interpretation) c) Functionalist approach – look at both purpose and effect of the law • What is it striving to achieve in society? What is the effect? d) Sceptical about centrality of rules and about determinacy of the law • Sceptical of the idea that rules are as important as we think they are (they aren’t) • Legal formalists: rule plus fact equals specific answers (no matter who looks at it, the outcome will always be the same) - DETERMINACY • Legal realists: Every legal decision is a choice between values – INTERDETERMINACY (not one answer, not neutral) e) Sceptical that judicial reasoning is neutral; views it as a judgment and value laden activity f) Interdisciplinary • Law is a part of a larger and more complex system • It is only one of many social structures (and they are always changing) • Ex. Technology influences the law, and law is still catching up with technology (who has the right to pictures, who owns them, etc.) • Legal Realists: Law needs to realize there are different actions between society and needs to look at how they are
More Less

Related notes for LWSO 201

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.