Sentences with phrase «legal realism»
This is legal realism in action — people making the law by deciding where they put their dog pictures.
lawyerist.com
Citing the teachings of Judge Jerome Frank, who promoted legal realism, Sotomayor said, «The law that lawyers practice and judges declare is not a definitive, capital «L' law that many would like to think exists.»
In both his worldly wise skepticism about some apolitical Law lurking behind everyday law and in his insistence that judicial neutrals supervise and structure administrative agencies» work, Dickinson anticipated the domesticated legal realism so prominent in administrative law today.
The school of legal realism, the dominant view in law school faculty lounges, has made it received wisdom among many» including, apparently, Brennan» that the act of judging is more about the policy preferences of individual judges and «social norms» than application of the law to the facts.
Yet American programs such as Fulbright have taught the world's leading judges and law professors that Legal Realism is the only sophisticated way to think about law, with frequently disastrous results.
In the United States, Legal Realism has long taught that it is wrongheaded and impossible for judges to follow legal rules.
With a doctrine akin to Legal Realism, our consensus today is that all morality is and must be politics.
A Chinese professor had the courage to speak up in agreement with me, but I fear that (at least in Latin America) strong opposition to Legal Realism could harm her teaching career.
The authors are no fans of legal realism and Karl Llewellyn gets trashed at 59.
Once again, although the classic adage is that we are all Legal Realists now, and a few people argue that critical legal theory has not died but been absorbed into general legal thought, I find on the whole that lawyers and law professors at least appear to have internalized very little of the lessons of Legal Realism or CLS, and retain in thought and deed a surprising attachment to the appearance of «reasoned elaboration.»
I'm no expert in criminal law, or any kind of law for that matter, but from the outside looking in it seems rather transparent that judges routinely make «policy judgments» at sentencing, irrespective of one's thoughts about «legal realism» or «post-modernism.»
In any event, Legal Realism is never so alive as on television.
There is something in law known as «legal realism», originally adapted as an explanation for why judges should have more discretion in sentencing when a seemingly trivial offense would dictate a life sentence under a «3 - strikes and your out» framework (or the like).
Llewellyn was an adherent of the U.S. «legal realism» movement and, perhaps most famously, the force behind the drafting of the Uniform Commercial Code.
10 See Roger A. Fairfax, Jr., Wielding the Double - Edged Sword: Charles Hamilton Houston and Judicial Activism in the Age of Legal Realism, 14 HARVARD BLACKLETTER L. J. 17, 20 (1998).