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New Legal Realism
New legal realism (NLR) is an emerging school of thought in American legal philosophy. Although it draws on the older legal realism from the first half of the twentieth century, new legal realism differs in important ways. Notably, it moves beyond the older field's emphasis on judges, courts, and formal legal systems. New legal realism examines law in people's everyday lives, using an interdisciplinary combination of current social science methods, including qualitative, quantitative, and experimental approaches. It is characterized by a “ground-level up” perspective, which focuses on laypeople's experiences with law as well as studying legal professionals and formal institutions. Research methods are chosen according to evolving research questions, responding to changing understandings as knowledge accumulates. This and other features of NLR fit well with the American pragmatist philosophical tradition. Some NLR scholarsNourse, Victoria, and Gregory Shaffer. ''Varieties of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Philosophy
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |