LWSO 201 Lecture Notes - Legal Realism, Legal Positivism
22 Nov 2012
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Legal realism: legal realism a) b) c) d) e) f) Incorporates human agency that legal positivism marginalized or failed to take into account. Law is not an object to be empirically studied, nor is it about universal truths. Functionalist approach look at both purpose and effect of the law. Sceptical about centrality of rules and about determinacy of the law. Sceptical that judicial reasoning is neutral; views it as a judgment and value laden activity. Interdisciplinary: oliver wendall holmes a) b) c) d) e) Rights and duties are also predictions: a duty is a prediction that if a person does or refrains from doing a certain thing, he will be made to suffer in a certain way by the courts. It is wrong to consider that the only force at work in the development and application of the law is logic.
