Legal Realism

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  • Created by: Launston
  • Created on: 12-05-14 17:48
What is the traditional view that legal realists seek to challenge?
The existing legal doctrine supplies uniquely correct answers to legal problems
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The judicial task originally involved...?
The mechanical, uncontroversial derivation of legal conclusions without regard to consequences
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According to legal realists, what is a 'myth'?
Legal Reasoning
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'...' do not determine '...'?
General propositions, concrete cases
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What is the realist argument against rules have definitive outcomes?
The amount of rules means there is a large amount of support for both sides in a case
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Why does Jerome Frank believe that even if rules are clear, outcomes in cases will always be different?
The findings of judges cannot be predicted
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Who agrees with realists that 'rules are not always conclusive' but then says that 'some rules can have an agreed upon meaning'?
Hart
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According to Dworkin, where there is 'confusion about a statute or precedent, there are...?'
Right and wrong ways to read them
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According to Oliver Wendell-Holmes, who must we look at the law as?
The bad man
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Llewellyn disagrees that the sovereign is the law-maker, who does he think decides the law?
Judiciary
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What is Hart's major criticism of Llewellyn's theory?
It leaves out the normativity of law as being guides to conduct
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What can judges not be criticised for?
Departing from standards that don't exist
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How do judges really decide cases?
They have a gut instinct to cases and find material to back this up
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What are the two styles of common law judges reasoning put forward by Llewellyn?
Grand and Formal
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Other cards in this set

Card 2

Front

The judicial task originally involved...?

Back

The mechanical, uncontroversial derivation of legal conclusions without regard to consequences

Card 3

Front

According to legal realists, what is a 'myth'?

Back

Preview of the front of card 3

Card 4

Front

'...' do not determine '...'?

Back

Preview of the front of card 4

Card 5

Front

What is the realist argument against rules have definitive outcomes?

Back

Preview of the front of card 5
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