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LWSO201 - Legal realism_1.doc

2 Pages

Law and Society
Course Code
LWSO 201
Marywyatt Sindlinger

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Legal Realism 1) Legal Realism a) Incorporates human agency that legal positivism marginalized or failed to take into account • Human emotions and experiences play a key role in law. • Law is part of a larger social construct. • Law is one of many social constructs and they are always changing b) Law is not an object to be empirically studied, nor is it about universal truths • Laws is implemented through people c) Functionalist approach – look at both purpose and effect of the law • what law strives to achieve, how it fail and its purpose. d) Sceptical about centrality of rules and about determinacy of the law • if you take the rule and apply it to facts you will determine the specific answer. e) Sceptical that judicial reasoning is neutral; views it as a judgment and value laden activity • sceptical of the centrality of the rule • sceptical that judges are leaving there personal opinions to the court. • legal realist believe that the outcome of the legal dispute will vary according to the political, cultural, economic views of the judge. • law is flexible • subjectivity of the law. e.g. assisted suic
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