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6. Legal realism

Understanding Jurisprudence, 2015
This chapter first addresses the following question: what are realists realistic about? It then turns to examine American realism. The focus is on the theories of Oliver Wendell Holmes Jr, Karl Llewellyn, and Jerome Frank, and examines the Scandinavian realists: Alf Ross and Karl Olivecrona.
R. Wacks
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Legal Realism and Legal Doctrine

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism, 2020
Legal realism is popularly known for its hostility to legal doctrine. In the familiar narrative, the realists showed that legal doctrine does not, and cannot, constrain judges from using existing legal materials to reach virtually any outcome they want. As such, doctrine only serves to hides and obfuscate what is better discussed openly. The purpose of
Dan Priel
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Contemporary Legal Realism

SSRN Electronic Journal, 2017
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 New Legal Realism is a law-centered species of empirical legal studies, which is focused on law on the ground and seeks ...
Hanoch Dagan
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On Leon Petrażycki’s Critical Realism and Legal Realism

2018
The author shows that Petrazycki adopted a form of critical realism, and that, despite him never using the exact term “legal realism”, his approach to legal phenomena can be regarded as a form of legal realism—if understood as critical realism applied to legal phenomena.
E. Fittipaldi
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