American School of Thought - 5349 Words

AMERICAN REALIST SCHOOL Realist school Introduction There are two fold of realist school i.e. American school and Scandinavian. The most famous representatives of American Legal Realism were Karl Llewellyn, Felix S. Cohen, Arthur Linton Corbin, Jerome Frank, Robert Lee Hale, Herman Oliphant, Thurman Arnold, Hessel Yntema, Max Radin, William Underhill Moore, Leon Green, and Fred Rodell. The most famous representatives of Scandinavian Legal Realism were Alf Ross, Karl Olivecrona, and A. Vilhelm Lundstedt.[1] The realist approach was to attempt to look at rthe facts of the legal experience,and not at those things, such as the legal rules and doctrine which were in theory held to be important[2]. These two fold of realist school have†¦show more content†¦According to him law is what the court do not what they say. His emphasis on the fact that the life of the law as prediction of what the court will decide and he put the novel way of looking at the law. If one wises to know that the law is , he said , one should view it through t he eyes of bad man , who is only concerned with what will happened to him if he does certain things .In the path of the law , O.W Holmes writes , take the fundamental question ; what constitute the law ? You will find some text written telling you that it is some thing different from what is decided by the court. According to Oliver Wendell if one wants to know the real law and no thing else one ought to consider it from the point of view of the bad man who cares only for the material consequences which such know enables him to predict . He urged not to take into account the view of the good man who may find reason for his conduct in the vague sanction of conscience. The prophecies of what the court will do in fact and nothing more pretentious are what I mean by law. He felt that the development of law would be justified scientifically and accepted the possibility of scientific valuation in the law. Thus, according to Holmes, law is what court (or other official) do, not what t hey say. Until a court has past the judgment on certain fact, there is know law on the subject yet in existence,Show MoreRelatedNative Americans During Westward Expansion Essay1592 Words   |  7 PagesDuring westward expansion, the Native Americans got kicked to the side. The settlers coming west often saw the Indians as a threat to them and their families. However, this was not the main reason the Indians were pushed aside. The settlers saw the Indians had fertile land and wanted it for themselves. The Indians were the opposite of what the settlers thought they were. The Indians often helped the people moving west across the plains; giving them food, supplies, and acting as guides. 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