The authorized realist motion was impressed by John Chipman Gray and Oliver Wendall Holmes and reached its apex within the 1920s and 30s via the work of Karl Llewellyn, Jerome Frank, and Felix Cohen. The realists eschewed the conceptual approach of the positivists and naturalists in favor of an empirical evaluation that sought to indicate how practicing judges really decide circumstances (see Leiter 1998).
This doesn’t presuppose that justice is the one, or even the first, advantage of a authorized system. It implies that our concern for its justice as certainly one of its virtues can’t be side lined by any declare of the kind that regulation’s function is to be law, to its most wonderful degree.
To identify the law of a given society we should all the time engage in ethical and political argument, for the law is whatever requirements are in keeping with an interpretation of its authorized practices that shows them to be greatest justified in light of this animating ideal. In addition to these philosophical concerns, Dworkin invokes two options of the phenomenology of judging, as he sees it. He finds deepcontroversy among legal professionals and judges about how important circumstances should be determined, and he finds range in the considerations that they hold relevant to deciding them.
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