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This essay sets out the main elements of the revisionary and philosophical interpretation of the jurisprudence of American Legal Realism that I have developed in a series of articles over the last decade.
American legal realism was a movement in legal philosophy that emerged in the early 20th century and challenged the traditional notion of law as an objective and autonomous system by focusing on the role of social, economic, and political factors in shaping legal outcomes.
Legal realism is well known, but generally misunderstood. Through a close examination of the work of the legal realists and their predecessors, this article presents a complete reconstruction of legal realism.
This essay defends that view through a critical analysis of Brian Leiter’s ambitious and provocative account of legal realism, whose legacy he described as naturalized jurisprudence.
American Legal Realism is alive and well. As a normative (and not only descriptive) theory, it has shaped the legal world we are living it and has influenced current legal practices at a global level. This article looks at the influence Realists’ ideas (and specifically Charles Edward Clark’s ones) have had ‘unconsciously’ over the ...
The new edition (by Jakob Holtermann and Uta Bindreiter) of Alf Ross’s seminal work ON LAW AND JUSTICE presents an opportunity to reevaluate Ross’s contribution to a naturalistic jurisprudence, as well as the relation of Scandinavian to American Legal Realism.
The emergence of legal realism in the early twentieth century is widely seen as a pivotal event in the US legal tradition. A legal theorist recently attested to “the enormous influence Legal Realism has exercised upon American law and legal education over the last sixty years.” 1. Above all else, legal realism is credited with bringing about a
This short chapter, which is prepared for the Encyclopedia for Law and Social Philosophy (Mortimer Sellers & Stephan Kirste eds., 2017), surveys three recent attempts to reconstruct or revive the legacy of American legal realism.
The core assertion is that a person seeking to understand what the law is in some jurisdiction must engage in an empirical inquiry into social facts. These facts include matters such as the organization of the legal profession, culturally prevalent ideologies about law, and more.
Cardozo’s famous Storrs’ Lectures -- The Nature of the Judicial Process -- turned 100 years old in 2021, but its central themes resonate with many legal thinkers today. Is it possible to reconcile the creativity of adjudication with rule-of-law values central to our democracy?