LEGAL REALISM SCHOOL OF THOUGHT | ROSCOE POUND / R. DWORKIN AND LIBERALISM

hey there welcome us Peter again we have been carrying on the conversation on social foundations and perspective of law well we going through the legal theories and we started with the school of thoughts we have talked about the first quarter the second school of thought the third school of thought and today I would like to discuss about the fault school of thought legal realism and American realist legal thinking emerges in the recent years in the recent past actually in the middle of the 20th century around that time that this kind of class of thinkers in the u.s. potential movements brought about the realism school of thought the anglo-american thinking which impresses legal positivism adds another understanding and that is how low is related to political powers in the American realist approach law and politics can not be divorced cannot be separated so for us to understand the law or to define the law we must start from the authority the sovereignty but most importantly the political power underlying the legal the legal nature our law well what is legal realism I would like to start with one who is more qualified in the field among many others like rosecope and dim heart and legal scholar is one of the american jurists that propounded law as a social engineering and in his understanding he regards law as a regulatory mechanism or a tool that makes the society move forward when alongside this thinking in line or thought we have Ronald Dworkin professor Dworkin in his observation explanation of law and justice as practice in America gives us a better understanding of the legal realism especially when he talks about the idea of liberalism we know America of all places has got political progressiveness and liberal thinking that is seen as well in the statue of liberty and pursuit for happiness and America's embrace today is so much but what is so ideal in the legal realism is the fact that we see low in the work of the judiciary it is the judiciary handling matters delimit law I can only tell what law is if I see the work of judges in court the Supreme Court the federal courts and also the lower courts in rank but as well the advocates how they argue matters in code how such matters are handled and how the justice system is moving together this is still back to the man-made law but most importantly also the judge made law all stems the Jesus or services that means start by the ruling by the decision made by the court the opinions made by judges the bench what the courts do this is what explains to the school of thought what the law is all about this time round it's about a tradition and what the judiciary is doing about it then alongside of parallel to American revision there's also Scandinavian realism the Scandinavian realism is not more of the political power embedded in the understanding of the law but is more of looking also at the social reality that law is concerned with social reality our human relationships how we do businesses how we do things human behavior in the society which also relates the understanding of law with the understanding of psychology so the psychology of the court is a college of the of the law solo has something so much to do with the our social reality and that case again agree or accepting the legal positivism stand Lincoln realism takes it a notch higher by considering some other areas that law cannot afford to lose this makes the understanding of the door from the realist perspective become in a wider perspective element of social engineering and that is again putting law closer or in the understanding of the modern wand the modern society no science and technology though in medicine law in inventions in development studies law in the technology law in our societal activities so there is no easy way of divorcing law from the social realities that law works within so legal realism explained to us by the very very thing as proponents of that classification of law makes it a better tool to deal with matters case by case whether the criminal cases criminal offences type of cases civil offenses type of cases issues dealing with property property law issues concerning the contract and the general operations of law it is good in this kind of thinking to see that the definition of law is very huge and it it involves a lot of already developed knowledge from different schools of thought we are not saying one school of thought is better than the other we are not doing this kind of comparative analysis right now what I submit that is very very necessary at this point is to see law being founded with the different groups of thinking and different movements of jurisprudence and also how the definition of law has been handled by both scholars and academics by like thinking minds that are food such debates on principle and giving law its logical meaning how it operates now the realists realists argue from the perspective of the activities of law that is the judicial activities and how the court handles matters of law and matters of justice this is a synopsis of the schools of thought in line with the study of social foundations and the perspective of law thank you so much I remind you to subscribe so that we get encouraged to carry on this online lecture that can benefit many people who don't chance don't get chance to go to the universities and also don't get chance to look at other documents thank you so much and

Channel: PETER ONYANGO ONYOYO

Views: 1,205

Rating: 4.9375 out of 5

Keywords:

Id: BgneyaYSg4c

Length: 9min 54sec (594 seconds)

Published: Fri Apr 10 2020