realism

realism
index pragmatism, truth

Burton's Legal Thesaurus. . 2006


realism
a theme in jurisprudence often considered to divide into two schools, the American and the Scandinavian. Oliver Wendell Holmes is perhaps the most famous figure on the American side. Famous dictums like 'the life of the law has not been logic; it has been experience' and 'the prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law' epitomise the approach. The Scandinavians, such as Olivercrona and Ross, produce a theoretical critique that to the ordinary lawyer seems not terribly reflective of reality: 'a rule can be valid law to a greater or lesser degree varying with the degree of probability with which it can be predicted that the rule will be applied.'

Collins dictionary of law. . 2001.

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