American School of Thought
AMERICAN REALIST SCHOOL
Realist school
Introduction
There are two fold of realist school i.e. American school and Scandinavian. The most famous representatives of American Legal Realism were Karl Llewellyn, Felix S. Cohen, Arthur Linton Corbin, Jerome Frank, Robert Lee Hale, Herman Oliphant, Thurman Arnold, Hessel Yntema, Max Radin, William Underhill Moore, Leon Green, and Fred Rodell. The most famous representatives of Scandinavian Legal Realism were Alf Ross, Karl Olivecrona, and A. Vilhelm Lundstedt.[1] The realist approach was to attempt to look at rthe facts of the legal experience,and not at those things, such as the legal rules and doctrine which were in theory held to be important[2]. These two fold of realist school have their own view but the notion of these schools is same. Both school’s aim is to make clear vision and focus on fact .The realist approach to law is a part of sociological approach .sociological and psychological aspect plays vital role in the both school .Realist school has it own identity and it focus on fact and reality .The law is effected by situation of society and it can’t be separate from realist school. Realist made law as a main subject matter but not society. The social aspect directly affect in law making and development of law for the legitimate of it, it should concern to the judicial body. The realist school emphasis the decision made by law so it is seen that somehow it is judge made law. So they focus more on court. According to realist philosopher law is not a collection of logics.[3] According to them law is the action taken by court and judge. What the court decides is called law. Some of the scholars said that there is not existence of law with out judge decision. The rule clamed by lawyer about the pre assumption of court decision. for example , ‘A’ and ‘B’ are husband and wife and ‘B’ lives separate with out concern to ‘A’ and she lives more than three years and more , she use to harm ‘A’ then ‘A’ can
Realist school
Introduction
There are two fold of realist school i.e. American school and Scandinavian. The most famous representatives of American Legal Realism were Karl Llewellyn, Felix S. Cohen, Arthur Linton Corbin, Jerome Frank, Robert Lee Hale, Herman Oliphant, Thurman Arnold, Hessel Yntema, Max Radin, William Underhill Moore, Leon Green, and Fred Rodell. The most famous representatives of Scandinavian Legal Realism were Alf Ross, Karl Olivecrona, and A. Vilhelm Lundstedt.[1] The realist approach was to attempt to look at rthe facts of the legal experience,and not at those things, such as the legal rules and doctrine which were in theory held to be important[2]. These two fold of realist school have their own view but the notion of these schools is same. Both school’s aim is to make clear vision and focus on fact .The realist approach to law is a part of sociological approach .sociological and psychological aspect plays vital role in the both school .Realist school has it own identity and it focus on fact and reality .The law is effected by situation of society and it can’t be separate from realist school. Realist made law as a main subject matter but not society. The social aspect directly affect in law making and development of law for the legitimate of it, it should concern to the judicial body. The realist school emphasis the decision made by law so it is seen that somehow it is judge made law. So they focus more on court. According to realist philosopher law is not a collection of logics.[3] According to them law is the action taken by court and judge. What the court decides is called law. Some of the scholars said that there is not existence of law with out judge decision. The rule clamed by lawyer about the pre assumption of court decision. for example , ‘A’ and ‘B’ are husband and wife and ‘B’ lives separate with out concern to ‘A’ and she lives more than three years and more , she use to harm ‘A’ then ‘A’ can
Bibliography: 3. Nomita Agrawal “Jurisprudence (legal theory)”, sixth edition, 2007, central law publication. [6] See the book of Nomita Agrawal “Jurisprudence (legal theory)”, sixth edition, 2007, central law publication. p.g no. 318-319. [11] Men; 55+3 years, Women; 30 years or after completion 10 years of service [12] Rule 16.1.1 of RNAC Employee Service Regulation, 2031 [13] Rule 4.1.3 of RNAC Employee Service Regulation, 2031 [14] Article 11(1)-all citizens shall be equal before the law [17] Article 15 of CEDAW provides that female should be protected equally as male on equal opportunity [18] Nepal Treaty Act, 2047 Section 9 [23] Rule 16.1.3 (a) and (b) of RNAC Employee Service Regulation, 2031