The emergence of legal realism in the early twentieth century is widely seen as a pivotal event in the US legal tradition. A legal theorist recently attested to "the enormous influence Legal Realism has exercised upon American law and legal education over the last sixty years." Above all else, legal realism is credited with bringing about a revolutionary shift in views about judging in the American legal tradition. However, legal realism is largely misunderstood because the work of the Realists is interpreted within a false set of historical and theoretical assumptions. The aim of this article is not only to produce a more accurate account of the Realists, but more so to rescue realistic views about judging from the clutches of this misunderstanding. The reconstruction completed in this...
[...] the conception that this is "the impregnating intellectual climate of an era also affects the Court" (Felix Frankfurter, p. 180). [...] underlying modern legal realism is the separation of facts from things: "contemporary courts . . . have claimed that the times have summoned them to delink words from things entirely - to see no Hell below them and above them only sky" (p. 183).
A large and growing body of law and psychology scholarship has posed new challenges to traditional assumptions about the behavior of legal actors. While mainstream legal thought has often treated individuals as more or less rational, autonomous actors, scholars in a variety of fields are presenting a new, empirically based, and more formal challenge to law's traditional conceptions of human behavior. In this Article, the author looks to the social psychological theory of naive realism to understand the empirical findings of judicial politics scholarship. Naive realism begins with the social psychological truism that all perception is subjective. People see the world and perceive reality through the biased lens of their own perception. This Article proceeds in three parts. In Part I, the...
In April in these pages, in a piece titled "God and the Devil in Texas," I pointed up the differences between the cases of Andrea Yates and Deanna Laney, two Texas mothers who had killed their children under the delusion that they had been commanded to act - Mrs. Laney by God, Mrs. Yates by Satan. I voiced the possibility that the nature of the sources of the commands might well have played a part in the outcomes, and that this was insufficient grounds to distinguish the two cases: Laney was found legally insane, Yates criminally responsible. As Oliver Wendell Holmes observed a century ago, great cases like hard cases make bad law. George Dix, professor of law at the University of Texas, was persuaded that Yates' conviction was reversed on Jan. 6 primarily because "it's such a difficult...
... governors and state legislators also have legal backgrounds. (4) Though members of the judiciary a..., Political Science and the New Legal Realism: A Case of Unfortunate Interdisciplinary Ignorance...
... Era, so our mental topography of American legal history is shaped by its division into formalism, realism, legal process, and the modern period, the last of...
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