Legal Realism, Legal Positivism, and Relationship Between Them

Running head: QUESTIONS 0
LEGAL THEORY
OCTOBER 20, 2018

QUESTIONS 1
Answer to question 1:
Legal realism is an American approach to the philosophy of law. It is an effort to take the
tough controlled, cold observed look at how the legal system really operates. It is response to
the formalistic account of law and automated jurisprudence. The legal realism is
a realistic strategy to law. It is the view that jurisprudence should follow the procedure
of normal science such as depend on on practical confirmation. Theories have to be verified
against interpretations of the world.
There is a relationship between the jurisprudential theories namely Legal Realism and Legal
Positivism. These two doctrines Legal Realism and Legal Positivism are significantly
incompatible or different at the ethical or theoretical stage. The legal realism is different from
legal positivism. The legal positivism has its own grounds and location but its testimonial that
there is no linking of ethics with law declines it. The society cannot be missing on the free
spirit of self-determination to authorise without any fear of standards and morals. On the
other hand, the most of legal realists state that laws, rules, and regulations in books do not
determine the arguments or disagreements. The juries are the independent who understand
the rules, regulations, and laws. This is said the reaction about the law is what the magistrates
and officers do. Legal realism says that varying requirements of culture are rules and
regulations, and juries understand statue and these manners render new rules, regulations, and
laws1. The comparison can be done by differentiating these two theories according to their
characteristics-
Theories Sources Criteria Sanctions Enforcement object
Theory of
Legal
Provided to
the
The main
criteria of
Legal
authorisation
Formal
enforcement
To develop
understanding
1 Laura Kalman, Legal realism at Yale, 1927-1960 (UNC Press Books, 2016)

QUESTIONS 2
Positivism individuals
who do not
explore it
Legal
Positivism is
will of
sovereign
and
command.
s about the
laws, rules
and
regulations
Theory of
Legal
Realism
The legal
realism
comes
through
interpretatio
n
The main
criteria of
Legal
Realism is
Knowledge
and
expertise of
judges.
Legal
authorisation
s as
punishment
Formal
manners to
enforce law
Discover the
real face and
aim of laws
Answer to question 2:
The Legal realists analyse the theory of legal positivism and theory of natural law. The
chances of any significant relation between the legal realists and natural law seems at main
rather unbelievable. The legal realism is showed as the serious, at times practically radical
strategy to laws, the glacial contradictory of the olden natural law theory that touches its
origins to Greek and Roman viewpoint, and asserts on unchangeable impartial standards and
morals. Yet, Karl Llewellyn and Jerome Frank, the most famous legal realists showed in
some of their works more than a temporary commendation of theory of natural law.