Legal Realism: how law really works
George Tsouris・2 minutes read
George discusses legal realism, critical legal studies, and law as integrity as different legal philosophies that focus on how the law works and how people use it, emphasizing the influence of biases on human decision-making and judges' flexibility in applying rules. Frank challenges the idea of certainty in legal matters, highlighting judges' biases in decision-making and advocating for a more nuanced understanding of the relationship between rules and rationalizations in the legal system.
Insights
- Legal realism, as articulated by Jerome Frank, questions the idea of legal certainty by highlighting the impact of biases on human judgment, suggesting that judges often rationalize decisions rather than arrive at them through genuine arguments.
- Frank's legal realism challenges conventional notions of legal processes, emphasizing the significant role of judges' biases and individual decisions in shaping legal outcomes, advocating for a more flexible and nuanced application of rules in legal decision-making.
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Recent questions
What is legal realism?
A: Legal realism challenges certainty in law, focusing on biases.
How do judges make decisions?
A: Judges make decisions based on biases and interests.
How does legal realism view lawyers?
A: Lawyers support clients' interests, similar to judges.
What does legal realism suggest about the law?
A: Legal realism suggests law is based on judges' decisions.
How does legal realism compare judges to physicians?
A: Legal realism advocates for a flexible approach in legal decisions.
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