LEGAL REALISM By Raymond Sibtain Kevin and Navid

LEGAL REALISM By: Raymond, Sibtain, Kevin, and Navid

What is Legal Realism? The school of legal philosophy that examines law in a realistic rather than a theoretical fashion; the belief that law is determined by what actually happens in the courts as judges interpret and apply law.

When? At the start of the 19 th century legal scholars and judges were less interested in legal theory. (what actually happened in the justice system)

Why? Legal cases could be resolved simply by applying the procedural rules found in the statute law. Why do some judges decide cases differently from others?

Why Cont’d Judges and their backgrounds or what type of law they studied beforehand may influence their decision.

Who? Louis Brandeis developed a way to help judges decide cases by examining the factor of nonlegal social and economic evidence.

Who Cont’d Jerome Frank - credited with the idea that a judicial decision might be determined by what the judge had for breakfast.

Realist Ideas No single set of beliefs was shared by all legal realists, but many of the realists shared one or more of the following ideas: Belief in the indeterminacy of law. Many of the legal realists believed that the law in the books (statutes, cases, etc. ) did not determine the results of legal disputes.

Realist Ideas Cont’d Belief in the importance of interdisciplinary approaches to law. Many of the realists were interested in sociological and anthropological approaches to the study of law.

Realist Ideas Cont’d Belief in legal instrumentalism, the view that the law should be used as a tool to achieve social purposes and to balance competing societal interests.