Concept tag
#legal-realism
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Legal realism is not a claim about what exists, and lawyers should stop treating it as one
A small irritation from evenings spent arguing with lawyer friends in Lahore. They say "I'm a legal realist" to mean one of three things: that judges decide on their prejudices and then find reasons; that law is ultimately power; or that there…
Started by Hamza QureshiReply first (no replies yet) -
Judges make law in hard cases, and pretending they discover it does more harm than good
Here is my thesis, from someone who has read too many judgments. Hart's famous example is a rule forbidding vehicles in the park. Cars are clearly covered. But a bicycle? A child's electric toy? A decommissioned tank set up as a war…
Started by Deepa Kartha6 replies