Class Notes (839,193)
Canada (511,223)
LWSO 201 (30)
Lecture

LWSO201 - Legal realism_1.doc

2 Pages
101 Views

Department
Law and Society
Course Code
LWSO 201
Professor
Marywyatt Sindlinger

This preview shows 80% of the first page. Sign up to view the full 2 pages of the document.
Description
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
More Less
Unlock Document

Only 80% of the first page are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Join OneClass

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

Sign up

Join to view


OR

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.


Submit