| 单词 | legal realism |
| 释义 | > as lemmaslegal realism c. Originally U.S. (a) In legal theory: the doctrine that the law is best understood with reference to prevailing social and political factors, in contrast to formal or abstract principles (also legal realism) (b) (in political theory) the view that the subject matter of politics should be actual political power, in contrast to principles of doctrine, law, rights, or justice (also political realism). ΘΚΠ society > law > jurisprudence > [noun] > theories or doctrines of the law rule of law?c1500 epiky1508 equity1528 renvoi1675 legal positivism1870 positivism1927 realism1930 legalitarianism1962 critical race theory1989 society > authority > rule or government > politics > political philosophy > [noun] > political theory > specific view of realism1951 1925 Illinois Law Rev. 20 288 Doubtless legislative action is essential before the courts can release themselves from their own past disavowal of legal realism.] 1930 J. Frank Law & Mod. Mind v. 42 (heading) Legal realism. 1930 K. N. Llewellyn in Columbia Law Rev. 30 449 A sophisticated reversion to a sophisticated realism. Gone is the ancient assumption that law is because law is. 1951 J. H. Herz Polit. Realism & Polit. Idealism ii. 24 Political Realism has at all times insisted that the nature of politics is fundamentally determined by the struggle for power. 1961 O. Kirchheimer Polit. Justice v. 216 Through the psychological variant of legal realism we have become conscious of all the numerous factors in the judge's personality structure which might become determinative factors of judicial action. 1977 M. Clanchy in E. Attwooll Perspectives in Jurisprudence x. 176 Realism has been given a special meaning in jurisprudential thinking to distinguish between real rules of law and paper rules. 1992 Times Higher Educ. Suppl. 27 Mar. 16/2 Niebuhr was anxious to link his espousal of realism with a search for ethical standards in international politics. 2006 Dædalus Spring 110/1 Realism demands that lawyers look up from their procedural fetishes and attend to the world as it is, with all its warts and injustices. < as lemmas |
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