Legal realism is a legal theory that emphasises the importance of context, social factors, and pragmatic considerations in shaping the law and legal decision-making. It emerged in the early 20th century as a reaction against formalism, which focused on abstract legal principles and logical deduction. Legal realists argue that legal rules and doctrines are influenced by societal values, political power dynamics, economic interests, and the personal beliefs and biases of judges and decision-makers. They contend that the law should be understood and interpreted in light of its practical effects on society and individuals, rather than solely based on abstract legal reasoning. Legal realism has had a significant impact on various areas of law, including judicial decision-making, legal education, and legal scholarship, by encouraging a more interdisciplinary and context-sensitive approach to understanding the law and its role in society.
A view of nature of law that legal rules are based on judicial decisions given in the interest of larger society and public policy, and not on any dogma or supernatural authority. It defines ‘legal rights’ and ‘legal duties’ as whatever the courts say they are. If carried too far, however, this view results in absurdity because a judge pondering what rights an accused has is, in fact, deciding what rights he or she (the judge) is going to let the accused have.
The legal realist movement was particularly active in the USA in the period 1920-1940. Realists called for a recognition that the judicial process was governed, not by the application of exact rules and precedents, but by policy and social factors. Their viewpoint emphasised Rule scepticism and Fact scepticism
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This glossary post was last updated: 29th March, 2024.
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