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legal realism


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A largely instrumental and empirical approach to law developed in the first half of the 20th century in the USA (American legal realism) and Scandinavia ( Scandinavian legal realism). It rejects the view that law is a determinate body of doctrine or that precedents and statutes determine the outcome of legal disputes. Although the critical legal studies (CLS) movement is often described as its heir, the two movements have little in common apart from their critical approach; in important respects, CLS extends well beyond the scepticism of its alleged progenitor.

Subjects: History of Law.


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