Rethinking legal realism: Toward a naturalized jurisprudence

Texas Law Review | December 1, 1997| | Copyright

I. Introduction

Considering the enormous influence Legal Realism has exercised upon American law and legal education over the last sixty years, and considering, too, as the cliche has it, that "we are all realists now," it remains surprising how inadequate-indeed inaccurate-most descripti ons of Realism turn out to be.

Ronald Dworkin, for example, claims that according to Realism, "judges actually decide cases according to their own political or moral tastes, and then choose an appropriate legal rule as a rationalization."1 Dworkin is echoed by Judge Jon Newman of the Second Circuit who ...

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