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legal realism

A largely instrumental and empirical approach to law developed in the first half of the 20th century in the USA (American legal realism) and Scandinavia ( Scandinavian legal realism). It ...

legal realism

legal realism   Quick reference

A Dictionary of Law (9 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
98 words

...legal realism A largely instrumental and empirical approach to law developed in the first half of the 20th century in the USA ( American legal realism ) and Scandinavia ( Scandinavian legal realism ). It rejects the view that law is a determinate body of doctrine or that precedents and statutes determine the outcome of legal disputes. Although the critical legal studies ( CLS ) movement is often described as its heir, the two movements have little in common apart from their critical approach; in important respects, CLS extends well beyond the scepticism of...

legal realism

legal realism   Reference library

The Oxford Companion to Philosophy (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Philosophy
Length:
87 words

... realism maintains that positive law's normativity is reducible to social facts. American legal realists (e.g. Holmes , Llewellyn ), influenced by pragmatism , suggested that law is not really rules as directives but official (particularly judicial) behaviour which legal propositions predict. Scandinavian legal realists (e.g. Olivecrona , Ross ), more anti-metaphysical and nearer Comte's positivism , typically hold that law's reality consists in experiences of being bound that are induced (‘mystically’ or ‘psychologically’) by legal directives. Prof....

Legal Realism

Legal Realism   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,726 words
Illustration(s):
1

...The “big tent” definition of realism illuminates the predominant tale that contemporary law professors tell themselves about realism. Some who called themselves legal realists in the 1920s and 1930s would have cringed at that definition. They too saw legal realism as the great divide. And they wanted to be the only ones on the side of light. Origins of Legal Realism. In either case, though, jurisprudentially, there was little special about legal realism. The rebellion against what has been variously called formalism, classical legal thought, or...

legal realism

legal realism   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
783 words

...in that its legal standards purport to reflect the customs and expectations of business people, rather than trying to impose legal technicalities upon them. American legal realism can be seen as the forerunner of more recent jurisprudential schools of thought—eg law and economics, critical legal studies, critical race theory, and feminist legal theory. By undermining confidence in the ‘science’ or autonomy of law and the ability to deduce unique correct answers from legal principles (as well as questioning the ‘neutrality’ of those legal principles), the...

Legal Realism

Legal Realism   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
1,064 words

...desire to describe the realities of daily activities, and not as a reference to any particular legal sociology. Instantiating this sense of realism, the Legal Realists joined in activities directed at critique of the doctrinal results of nineteenth-century legal formalism, at understanding judicial decision-making, at empirical research in law, and at the reform of legal education . The Realist’s critique of nineteenth-century legal formalism is exemplified by Cook’s continuing work on what courts were really doing in conflict-of-laws doctrine and by Green’s...

legal realism

legal realism   Quick reference

The Oxford Dictionary of Philosophy (3 ed.)

Reference type:
Subject Reference
Current Version:
2016
Subject:
Philosophy
Length:
105 words

... realism In one usage, the idea that laws should be thought of not so much as coercive rules, as predictions of how courts will pronounce on things. Its problem is that it ignores the constrained ways courts must reason towards their verdicts, just as an account that holds that the rules of tennis are predictions of umpire behaviour would leave no way to understand how umpires must reason to their decisions. In a different usage, the optimistic view associated with Dworkin , that in each and every case at law there is one right answer, which it is the job...

legal realism

legal realism   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
74 words

...legal realism A legal theory centred on American lawyers and scholars in the early part of the twentieth century ( holmes ; pound ; Frank; Cardozo), also called American Legal Realism . A less well known form of legal realism originated in Scandanavia. Legal realism criticises the notion of formalistic (scientific) legal reasoning and argues that judicial decision-making is largely subjective, and as strongly influenced by extra-legal considerations as by the statutory and common law rules...

legal realism

legal realism  

Reference type:
Overview Page
A largely instrumental and empirical approach to law developed in the first half of the 20th century in the USA (American legal realism) and Scandinavia ( Scandinavian legal realism). It rejects the ...
26 The History of the Book in the Nordic Countries

26 The History of the Book in the Nordic Countries   Reference library

The Oxford Companion to the Book

Reference type:
Subject Reference
Current Version:
2010
Subject:
History, Social sciences
Length:
5,145 words
Publisher:
Oxford University Press
Illustration(s):
1

...annals, and registers of donations. European influence was also evident in the field of law. Legal books in Latin were imported, providing additional inspiration for the composition of provincial laws in the vernacular. As early as 1117/18 , Icelandic laws were recorded in writing. Many vernacular laws from the 12 th and 13 th centuries bear witness to strong royal powers in mainland Scandinavia; in 1274 King Magnus Lagabøtir (‘Law-amender’) promulgated a legal revision that provided a uniform law for the whole of Norway. In Iceland and Norway, the...

46 The History of the Book in Latin America (including Incas, Aztecs, and the Caribbean)

46 The History of the Book in Latin America (including Incas, Aztecs, and the Caribbean)   Reference library

The Oxford Companion to the Book

Reference type:
Subject Reference
Current Version:
2010
Subject:
History, Social sciences
Length:
6,807 words
Publisher:
Oxford University Press
Illustration(s):
2

...as original and characteristically ‘Latin American’. With a combination of influences from early 20 th -century surrealism, an interest in social topics, and the consciousness of a distinct Latin American cultural identity, poetry and fiction created new kinds of realism, in particular ‘magical realism’, metaphysical tales, and other kinds of fantastic literature. Pablo Neruda, Octavio Paz, Gabriel García Márquez (all of whom won the *Nobel Prize for Literature ), Miguel Angel Asturias, Julio Cortázar, Jorge Luis Borges—to mention only the best-known...

35 The Slavonic Book in Russia, Ukraine, and Belarus

35 The Slavonic Book in Russia, Ukraine, and Belarus   Reference library

The Oxford Companion to the Book

Reference type:
Subject Reference
Current Version:
2010
Subject:
History, Social sciences
Length:
7,008 words
Publisher:
Oxford University Press
Illustration(s):
2

...83 per cent of the total output. The 1930s brought dramatic strengthening of the powers of censorship, wielded not only by Glavlit but, increasingly, by the Central Committee of the Communist Party and the USSR *Writers’ Union . In literature, the doctrine of socialist realism ruled. An attempt was made to eradicate duplication and to rationalize publishing; as a result of mergers and restructuring, a number of specialized state publishing houses were formed under the aegis of the Association of State Publishing Houses (OGIZ). There were parallel...

Novels

Novels   Reference library

An Oxford Companion to the Romantic Age

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, modern history (1700 to 1945), Literature
Length:
6,137 words
Publisher:
Oxford University Press

...Abbey ( 1818 ), and Crotchet Castle ( 1831 ), in which enthusiasts in craniology, ichthyology, toxicology, and other ‘ologies’ display their quirks and their prognoses for the world in a series of (usually inconclusive) debates. Breaking with notions of psychological realism but advancing the novel's engagement with particular intellectual milieux, Peacock retains certain novelistic conventions (notably the courtship plot and the revelation of identity) while implicitly criticizing the tendency of novels to look inward to character and motive rather...

28 The History of the Book in Italy

28 The History of the Book in Italy   Reference library

The Oxford Companion to the Book

Reference type:
Subject Reference
Current Version:
2010
Subject:
History, Social sciences
Length:
10,068 words
Publisher:
Oxford University Press
Illustration(s):
1

... La Ragazza di Bube ( 1960 ), Sciascia’s Il Giorno della Civetta ( 1961 ), and Bassani’s Il Giardino dei Finzi Contini ( 1962 ). Several of these have highly successful film versions; indeed, Italian narrative is closely interwoven with cinema, dominated by the neo-realism of De Sica, who in 1960 filmed Moravia’s 1957 novel La Ciociara , and the luxuriant imaginings of Fellini, who in the same year made La Dolce Vita . Successful cinema versions have also reinforced the genuine popular success of Guareschi’s Don Camillo stories ( 1948 );...

legal

legal  

Reference type:
Overview Page
Subject:
Law
‘Legal’ has three main senses. First, pertaining to law and the legal system, including all the institutions, roles and processes of law. Examples are Legal Aid, legal ethics, legal costs, legal ...
Legal Process

Legal Process  

Reference type:
Overview Page
“Legal process” is usually viewed as a historically specific school of thought that developed in the 1950s and embodied chiefly in the work of two Harvard Law School professors (Henry ...
legal liberalism

legal liberalism  

Reference type:
Overview Page
Subject:
Law
A liberal normative approach to the relationship between politics and law, which sees law and politics as opposing forces, that politics as, ideally, being constrained and limited by the rule ...
Classical Legal Theory

Classical Legal Theory  

Reference type:
Overview Page
The phrase “classical legal thought” refers to a structure of beliefs about both public and private law that dominated the thinking of American lawyers and judges from roughly 1880 to ...
legal formalism

legal formalism  

Reference type:
Overview Page
Subject:
Law
Constitutional interpretation strictly according to the contents of established black-letter law, which sets out to reach legal conclusions by formal analysis of those principles, rather than ...
method in legal theory

method in legal theory  

Reference type:
Overview Page
Subject:
Law
In scholarly terms, a ‘method’ or ‘methodology’ is a process through which knowledge is generated. If knowledge or truth is the objective of scholarship, the ‘method’ is the means of ...
declaring

declaring  

Reference type:
Overview Page
Subject:
Law
(the law)In a broad sense, the legal liberalism tradition holds that courts find and declare the law rather than ‘making’ it: ‘decisions restating the common law are merely declaratory ...

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