| 翻訳と辞書 |
| legal realism ： ウィキペディア英語版 |
legal realism
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early 20th century attack on the orthodox claims of late 19th century classical legal thought in the United States, American legal realism.〔, p. 193〕 American Legal Realism is often remembered for its challenge to the classical legal claim that orthodox legal institutions provided an autonomous and self-executing system of legal discourse untainted by politics. Unlike classical legal thought, American legal realism worked vigorously to depict the institution of law without denying or distorting a picture of sharp moral, political, and social conflict.〔Fuller, "American Legal Realism", 82 ''University of Pennsylvania Law Review''. 429, 443 (1934).〕 The most important legacy of American legal realism is its challenge to the classical legal claim that legal reasoning was separate and autonomous from moral and political discourse.〔〔See also: ("According to the legal realists, adjudication was not, and could never be, wholly mechanical and apolitical. Thus, judges unavoidably made law—at least interstitially").〕
==Antecedents==
Although the American Legal Realist movement is conventionally thought to have been confined to the period between the two world wars, many of the ideas that figured prominently in the Realists’ teachings and writings were first developed by dissidents among the preceding generation of scholars.〔William W. Fisher III, Morton J. Horwitz, Thomas A. Reed, ''American Legal Realism'', 3 (1st ed. 1993)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「legal realism」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|