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, 2007 The last decade has witnessed the birth of the New Legal Realism - an effort to go beyond the old realism by testing competing hypotheses about the role of law and politics in judicial decisions, with reference to large sets and statistical analysis. The New Legal Realists have uncovered a Standard Model of Judicial Behavior, demonstrating significant ...
Miles, Thomas J., Sunstein, Cass R.
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Oxford Handbooks Online, 2018
Abstract This chapter considers what might be called the ‘realist puzzle’: How can scholars who otherwise agree on very little all see themselves as legal realists? It suggests four possible explanations, not mutually exclusive: (a) that the Realists’ ideas were banal and obvious; (b) that they identified something fundamental that ...
Dan Priel
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Abstract This chapter considers what might be called the ‘realist puzzle’: How can scholars who otherwise agree on very little all see themselves as legal realists? It suggests four possible explanations, not mutually exclusive: (a) that the Realists’ ideas were banal and obvious; (b) that they identified something fundamental that ...
Dan Priel
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On benefits of new legal realism for international tax scholarship
Transnational Legal Theory, 2023Specialists in international tax law tend to adopt a legal positivism perspective. Although not without merit, legal positivism alone offers an incomplete understanding of international tax law for the purposes of legal theory, law-making and practice ...
V. Plekhanova
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Legal Realism and ‘Working’ Rules
Canadian Journal of Law & Jurisprudence, 2022The American Legal Realists offered several hypotheses about alternative drivers of official decision-making (i.e., considerations other than the rules on the books).
David Frydrych
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Legal realism and legal reality
Jurisprudence, 2022Pierluigi Chiassoni s Interpretation without Truth 1 is a profoundly important book. And the book is important not only because of its deep, thorough, and impeccably fair analysis of numerous perspectives on legal interpretation, but also because it ...
F. Schauer
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Knowing What the Law Is, 2021
I. ANTECEDENTS The Common Law (1881) "The Origin and Scope of the American Doctrine of Constitutional Law" (1893) The Path of the Law (1897) Lochner v.
William W. Fisher +2 more
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I. ANTECEDENTS The Common Law (1881) "The Origin and Scope of the American Doctrine of Constitutional Law" (1893) The Path of the Law (1897) Lochner v.
William W. Fisher +2 more
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European New Legal Realism: Towards a basic science of law
Research Handbook on Modern Legal Realism, 2021This chapter outline the position of European New Legal Realism (ENLR) and compares it to variations of American Legal Realism (ALR), new and old. We argue that the fundamental difference between the ENLR and ALR is its turn – or return – to epistemology.
J. V. Holtermann, M. Madsen
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SSRN Electronic Journal, 2002 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. This reading emphasizes the commitment of all the Realists to a core descriptive claim about adjudication (judges respond primarily to the underlying
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Sociological Jurisprudence and Legal Realism as a Basis for the Development of Judicial Law-Making
Journal of Advanced Research in Law and Economics, 2019The aim of the present work is to study the role of sociological jurisprudence and legal realism for the development of judicial law making in the modern legal system.
G. E. Adygezalova
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