Legal Realism in the United States

A school of jurisprudence that stresses behavioral and political factors as the most critical to judicial decision making. Legal realism minimizes the impact of abstract legal rules and principles on deciding particular cases. Leading legal realists, such as Oliver Wendell Holmes, Jerome Frank, and Roscoe Pound, believed that law does not have a transcendental quality but rather is a product of social forces and the behavior of people in the legal process responding to those forces. Legal realism is, in some respects, similar to sociological jurisprudence, although realists are more inclined to view law primarily in terms of official conduct. Legal realists do not subscribe to the rules fashioned in legal precedents because law is neither that certain nor that clear. Rather, decisions are based on judges applying the “right” rules and offering a written rationale for the decision, ideally a rationale grounded on empirical bases.

See Also

Judicial Activism (Judicial Function) Jurisprudence (Judicial Function) Sociological Jurisprudence (Judicial Function).

Analysis and Relevance

The legal realist believes that law is largely the product of human behavior. The exercise of discretion in the application of law is viewed as both inevitable and productive. Since legal judgments are not governed by abstract legal principles, other factors such as personal values shape decisions. Accordingly, legal realists seriously engage in the study of legal institutions and processes as well as the environment in which they operate. They seek to explain conduct of those operating in the legal processes, and attention is focused on the political, sociological, and psychological dimensions of behavior. Legal realism prompted substantial quantities of legal research, and it greatly heightened our understanding of the legal system, especially the lower courts. The legal realist impact can also be seen in the content of texts and courses in contemporary legal education.

Notes and References

1. Definition of Legal Realism from the American Law Dictionary, 1991, California

Legal Realism in the United States

Legal Realism

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled LEGAL REALISMLegal realism was the most significant movement that emerged within American jurisprudence during the 1920s and 1930s. Numerous factors conditioned this development, including pragmatism, sociological jurisprudence, and certain ideas of Justice oliver wendell holmes. The legal realists
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Legal realism Background