Questions and Answers
What is the main critique of legal realism according to the text?
Deep scepticism about the model of rules and any general abstract theory of the law
Who is credited with the development of formalist orthodoxy in law?
Christopher Columbus Langdell
What concept did Langdell associate with the science of law?
Order, system, simplicity, taxonomy, and original sources
What was Langdell's approach to law based on?
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According to Twining, what did Langdell believe the science of law involved?
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What did the prevailing view in the context of realist scholarship suggest about legal problem solutions?
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What is the key precept of American Legal Realism?
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What is the main focus of Realism in legal theory?
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According to Realism, how should law be understood?
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According to American Legal Realism, what do judges bring to the bench?
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What distinguishes American Legal Realism from traditional legal theories?
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What does the 'bad man metaphor' represent in Realism?
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How does American Legal Realism view the concept of law?
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How do Realists view the role of legal rules in decision-making?
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What is the role of judges according to American Legal Realism?
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What does Holmes mean by 'The prophecies of what the courts will do in fact'?
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In contrast to 'law in practice', what does 'law as written down' refer to?
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What does American Legal Realism suggest about the nature of legal decision-making?
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Explain the concept of fact-scepticism in the context of law.
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What is the indeterminacy argument in law?
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According to the realist perspective, what role should judges play in legal decision-making?
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How does Holmes characterize legal rules in relation to concrete cases?
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What are some factors that contribute to the difficulty of fact-finding in legal processes?
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How do legal realists view the relationship between law and policy?
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What is the main contention of the indeterminacy thesis in law?
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How do realists view the role of judges in legal decision-making?
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Explain the significance of unreliable witnesses in the context of fact-scepticism in law.
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How does conflicting interpretations of statutes and precedents contribute to the indeterminacy of law?
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