legal realism

E103579

Legal realism is a jurisprudential movement that emphasizes how judges actually decide cases in practice—shaped by social, political, and psychological factors—rather than strictly following abstract legal rules.

All labels observed (5)

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf jurisprudential movement ⓘ
legal theory ⓘ
school of jurisprudence ⓘ
argues judicial decisions are influenced by extra-legal considerations ⓘ
legal rules are indeterminate in many cases ⓘ
associatedWith Felix Cohen ⓘ
Jerome Frank ⓘ
Karl Llewellyn ⓘ
Underhill Moore ⓘ
Walter Wheeler Cook ⓘ
associatedWithInstitution Columbia Law School ⓘ
Yale Law School ⓘ
centralClaim law in action differs from law in the books ⓘ
prediction of what courts will do is core to understanding law ⓘ
contrastedWith legal formalism ⓘ
natural law theory ⓘ
criticizedFor alleged skepticism about legal rules ⓘ
undermining certainty in law ⓘ
critiques mechanical application of legal rules ⓘ
developedInPeriod early 20th century ⓘ
emergedIn United States ⓘ
emphasizes role of political factors in judicial decision-making ⓘ
role of psychological factors in judicial decision-making ⓘ
role of social factors in judicial decision-making ⓘ
focusesOn how judges actually decide cases ⓘ
hasAlternativeName American legal realism ⓘ
linked to: legal realism
historicalContext Progressive Era reforms in the United States ⓘ
holdsThat judges often reach decisions before finding supporting rules ⓘ
legal reasoning can rationalize prior intuitive judgments ⓘ
influenced critical legal studies ⓘ
law and economics ⓘ
socio-legal studies ⓘ
influencedBy behavioral psychology ⓘ
pragmatism ⓘ
sociology ⓘ
influencedDevelopmentOf realist approaches in administrative law ⓘ
realist approaches in international law ⓘ
methodology case law analysis ⓘ
empirical research on courts ⓘ
interdisciplinary approaches to law ⓘ
opposes formalism in law ⓘ
rejects view of law as closed logical system ⓘ
relatedConcept legal pragmatism ⓘ
sociological jurisprudence ⓘ
respondsTo classical legal thought ⓘ
stresses empirical study of legal institutions ⓘ
importance of facts over abstract doctrine ⓘ
viewsLawAs instrument for achieving social ends ⓘ

How these facts were elicited

Referenced by (22)

Full triples — surface form annotated when it differs from this entity's canonical label.

Oliver Wendell Holmes Jr. → movement → legal realism ⓘ
Oliver Wendell Holmes Jr. → influenced → American legal realism ⓘ
linked to: legal realism
Roscoe Pound → movement → sociological jurisprudence ⓘ
linked to: legal realism
The Common Law → hasInfluenced → American legal realism ⓘ
linked to: legal realism
The Nature of the Judicial Process → influenced → American legal realism ⓘ
linked to: legal realism
The Growth of the Law → influencedBy → American legal realism ⓘ
linked to: legal realism
The Paradoxes of Legal Science → influencedBy → American legal realism ⓘ
linked to: legal realism
legal realism → hasAlternativeName → American legal realism ⓘ
linked to: legal realism
Benjamin N. Cardozo → influenced → American legal realism ⓘ
subject linked to: Cardozo
linked to: legal realism
Giorgio Agamben → influenced → critical legal studies ⓘ
linked to: legal realism
Regina Austin → movement → critical legal studies ⓘ
linked to: legal realism
The Problems of Jurisprudence → influencedBy → American legal realism ⓘ
linked to: legal realism
Eugen Ehrlich → influenced → American legal realism ⓘ
linked to: legal realism
The Spirit of the Common Law → associatedWith → American legal realism ⓘ
linked to: legal realism
Social Control Through Law → associatedWith → American legal realism ⓘ
linked to: legal realism
Karl Llewellyn → movement → legal realism ⓘ
Underhill Moore → partOf → American legal realism movement ⓘ
linked to: legal realism
Jerome Frank → memberOf → American legal realism movement ⓘ
linked to: legal realism
Felix Cohen → influencedBy → American legal realism ⓘ
linked to: legal realism
Walter Wheeler Cook → partOf → American legal realism movement ⓘ
linked to: legal realism
Thurman Wesley Arnold → movement → legal realism ⓘ
Critical legal studies → hasTheoreticalBasis → American legal realism ⓘ
subject linked to: critical legal studies
linked to: legal realism