The American School of Legal Realism: Dimensions and Approaches

Subject Areas : Political and International Researches Quarterly

Armin Amini ¹ , Mojdeh Ghoddousi ²

1 - Associate Professor Department of Political Science and International Relations, Karaj Branch, Islamic Azad University, Karaj , Iran: Corresponding Author,
2 - PhD Student in International Law, Karaj Branch, Islamic Azad University, Karaj, Iran

Received: 2022-05-27 Accepted : 2022-05-27 Published : 2022-02-20

Keywords: realism, credit theory, Philosophy of Law, American Law,

Abstract :

Realism has different and perhaps conflicting meanings in discussions of legal theory and philosophy of law. The general meaning of realism refers to an image of the world in which external reality plays a stronger and more effective role than ideal aspects. Accordingly, the American realist movement seeks to exclude artificial and mysterious layers in the realm of law. Realism in this sense is somehow testing of legal theories considering the reality that takes place in the outside world. Legal reality, then, is anything that the courts actually do when decision-making. In this regard, descriptive-analytical method is used in problem processing and the purpose of this article is to examine the American school of legal realism and the issues raised by experts in this field. Finally, the findings show that realists, against their will, have succeeded in developing a strong and coherent theoretical perspective on law and judgment.