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Legal Realism
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced. Indeed, legal realism asserts that the law cannot be separated from its application, nor can it be understood outside of its application. As such, legal realism emphasizes law as it actually exists, rather than law as it ought to be. Locating the meaning of law in places such as legal opinions issued by judges and their deference to or dismissal of precedent and the doctrine of ''stare decisis'', it stresses the importance of understanding the factors involved in judicial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Naturalism (philosophy)
In philosophy, naturalism is the idea that only Scientific law, natural laws and forces (as opposed to supernatural ones) operate in the universe. In its primary sense, it is also known as ontological naturalism, metaphysical naturalism, pure naturalism, philosophical naturalism and antisupernaturalism. "Ontological" refers to ontology, the philosophical study of what exists. Philosophers often treat naturalism as equivalent to materialism, but there are important distinctions between the philosophies. For example, philosopher Paul Kurtz argued that nature is best accounted for by reference to Matter, material principles. These principles include mass, energy, and other Physical property, physical and Chemical property, chemical properties accepted by the scientific community. Further, this sense of naturalism holds that spirits, Deity, deities, and ghosts are not real and that there is no "Teleology, purpose" in nature. This stronger formulation of naturalism is commonly ref ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wesley Hohfeld
Wesley Newcomb Hohfeld (August 9, 1879 October 21, 1918) was an American jurist. He was the author of the seminal ''Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays'' (1919). During his brief life, he published only a handful of law review articles. After his death the material forming the basis of ''Fundamental Legal Conceptions'' was derived from two articles first published in the ''Yale Law Journal'', in 1913 and 1917, that had been partially revised in anticipation of publication in longer form. Editorial work was undertaken to complete the revisions and the book was published with the inclusion of the manuscript notes that Hohfeld had left, plus seven other essays. The work remains a powerful contribution to modern understanding of the nature of rights and the implications of liberty. To reflect Hohfeld's continuing importance, a chair at Yale University is named after him. The chair is occupied by Gideon Yaffe as of 2019 and was previou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Dewey
John Dewey (; October 20, 1859 – June 1, 1952) was an American philosopher, psychologist, and Education reform, educational reformer. He was one of the most prominent American scholars in the first half of the twentieth century. The overriding theme of Dewey's works was his profound belief in democracy, be it in politics, education, or communication and journalism. As Dewey himself stated in 1888, while still at the University of Michigan, "Democracy and the one, ultimate, ethical ideal of humanity are to my mind synonymous." Dewey considered two fundamental elements—schools and civil society—to be major topics needing attention and reconstruction to encourage experimental intelligence and plurality. He asserted that complete democracy was to be obtained not just by extending voting rights but also by ensuring that there exists a fully formed public opinion, accomplished by communication among citizens, experts, and politicians. Dewey was one of the primary figures associ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benjamin Cardozo
Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, as well as for his philosophy and vivid prose style. Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School. He won an election to the New York Supreme Court in 1913 but was appointed to the New York Court of Appeals the following year. He won election as chief judge of that court in 1926. As chief judge, he wrote majority opinions in cases such as '' Palsgraf v. Long Island Railroad Co.'' In 1932, President Herbert Hoover appointed Cardozo to the U.S. Supreme Court to succeed Oliver Wendell Holmes Jr. Cardozo served on the Court until his death in 1938 and formed part of the li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Chipman Gray
John Chipman Gray (July 14, 1839February 25, 1915) was an American scholar of property law and professor at Harvard Law School. He also founded the law firm Ropes & Gray, with law partner John Codman Ropes. He was half-brother to U.S. Supreme Court associate justice Horace Gray, and a grandson of merchant and politician William Gray. Early life Gray was born in Brighton, Massachusetts to Horace and Sarah Russell (Gardner) Gray, and graduated from Boston Latin School. From there, he went on to Harvard University, where he earned his Bachelor of Arts degree in 1859, and Harvard Law School, where he earned his law degree in 1861. Gray's politics, prior to the Civil War tended toward the Whig Party. However, he transited into the Know-Nothing Party when the Whigs collapsed. Although he became a Republican, he opined, while serving as a judge advocate, that President Abraham Lincoln did not possess the constitutional authority to issue the Emancipation Proclamation. However, wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roscoe Pound
Nathan Roscoe Pound (October 27, 1870 – June 28, 1964) was an American legal scholar and educator. He served as dean of the University of Nebraska College of Law from 1903 to 1911 and was dean of Harvard Law School from 1916 to 1936. He was a member of Northwestern University, the University of Chicago Law School and the faculty at UCLA School of Law in the school's early years, from 1949 to 1952. '' The Journal of Legal Studies'' has identified Pound as one of the most cited legal scholars of the 20th century. Early life and education Pound was born in Lincoln, Nebraska, to Stephen Bosworth Pound and Laura Pound. His sister was the noted linguist and folklorist, Louise Pound. Pound studied botany at the University of Nebraska in Lincoln, where he became a member of the Acacia fraternity. He received his bachelor's degree in 1888 and his master's degree in 1889. In 1889 he began the study of law; he spent one year at Harvard but never received a law degree. Following his ye ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Wendell Holmes Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. Holmes is one of the most widely cited and influential Supreme Court justices in American history, noted for his long tenure on the Court and for his pithy opinionsparticularly those on civil liberties and American constitutional democracyand deference to the decisions of elected legislatures. Holmes retired from the Court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only eight months younger when he retired on April 12, 2010. He previously served the Union as a brevet colonel in the American Civil War (in which he was wounded three times), as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Formalism
Legal formalism is both a descriptive theory of how judges decide cases and a Normative, normative theory of how judges should decide Legal case, cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the Trier of fact, facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. U.S. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice. The ultimate goal of legal formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Legal Realism
New legal realism (NLR) is an emerging school of thought in American legal philosophy. Overview Although it draws on the older legal realism from the first half of the twentieth century, new legal realism differs in important ways. Notably, it moves beyond the older field's emphasis on judges, courts, and formal legal systems. New legal realism examines law in people's everyday lives, using an interdisciplinary combination of current social science methods, including qualitative, quantitative, and experimental approaches. It is characterized by a “ground-level up” perspective, which focuses on laypeople's experiences with law as well as studying legal professionals and formal institutions. Research methods are chosen according to evolving research questions, responding to changing understandings as knowledge accumulates. This and other features of NLR fit well with the American pragmatism, pragmatist philosophical tradition. Some NLR scholarsNourse, Victoria, and Gregory Shaf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sociology Of Law
The sociology of law, legal sociology, or law and society, is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yale Law School
Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United States. Its Yield (college admissions), yield rate is often the highest of any law school in the United States. Each class in Yale Law's three-year J.D. program enrolls approximately 200 students. Yale's flagship law review is the ''Yale Law Journal'', one of the most highly cited legal publications in the United States. According to Yale Law School's American Bar Association, ABA-required disclosures, 83% of the Class of 2019 obtained full-time, long-term, JD-required or JD-advantage employment nine months after graduation, excluding solo practitioners. Yale Law alumni include many List of Yale Law School alumni, prominent figures in law and politics, including U.S. presidents Gerald Ford and Bill Clinton, U.S. vice president JD Vance, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
