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Lecture

LWSO201 - Legal realism_1.doc

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Department
Law and Society
Course
LWSO 201
Professor
Marywyatt Sindlinger
Semester
Fall

Description
Legal Realism 1) Legal Realism a) Incorporates human agency that legal positivism marginalized or failed to take into account b) Law is not an object to be empirically studied, nor is it about universal truths c) Functionalist approach – look at both purpose and effect of the law d) Sceptical about centrality of rules and about determinacy of the law e) Sceptical that judicial reasoning is neutral; views it as a judgment and value laden activity f) Interdisciplinary 2) Oliver Wendall Holmes a) Law is a predictive exercise b) 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
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