Legal Realism - Further Explanation

Further Explanation

Legal realism operates on a premise that is adhered to, often unwittingly, by most laymen and many who have legal training: that "the law," whatever that may be, is concerned with and is intrinsically tied to the real-world outcomes of particular cases. Accepting this premise moves jurisprudence, or the study of law in the abstract, away from hypothetical predictions and closer to empirical reflections of fact.

Proponents of legal realism say it is not concerned with what the law should, or "ought to" be, but that legal realism simply seeks to describe what the law is. Proponents of legal formalism disagree, saying that "law" is what is commanded by a lawgiver, that judges are not lawgivers, and that what judges do, while it might belong to the field of law, is not "law" but legal practice.

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