what is the main idea of legal realism(10 point)

来源:百度知道 编辑:UC知道 时间:2024/05/13 17:48:22
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Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). The essential tenet of legal realism is that all law is made by human beings and, thus, is subject to human foibles, frailties and imperfections.

It has become quite common today to identify Oliver Holmes as the main precursor of American Legal Realism (other influences include Roscoe Pound, Justice Benjamin Cardozo, and Wesley Hohfeld). The chief inspiration for Scandinavian Legal Realism many consider to be the works of Axel Hägerström.

The most famous representatives of American Legal Realism were Karl Llewellyn, Felix S. Cohen, Jerome Frank, Robert Lee Hale, Thurman Arnold, Hessel Yntema, Max Radin, Leon Green, and Fred Rodell. The most famous representatives of Scandinavian Legal Realism were Alf Ross, Karl Olivecrona, and A. Vilhelm Lundstedt. Not