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Simple English definitions for legal terms
legal realism
Read a random definition: consideration
A quick definition of legal realism:
Legal realism is a way of thinking about how judges make decisions. It says that judges don't just follow the rules, but also think about what's best for society. This is different from another way of thinking called legal formalism. Both ways of thinking can be used to describe how judges make decisions or to say how they should make decisions.
A more thorough explanation:
Legal realism is a theory that suggests that all laws come from the current social interests and public policies. This means that judges don't just consider the rules, but also the social interests and public policies when making a decision. Legal realism is different from legal formalism, which only considers the rules.
For example, let's say there is a case where a person is suing a company for discrimination. A legal realist judge would consider not only the laws and rules related to discrimination but also the social interests and public policies related to discrimination. They might consider how the decision will affect the company's reputation and the public's perception of discrimination.
Another example could be a case where a person is suing a hospital for medical malpractice. A legal realist judge would consider not only the laws and rules related to medical malpractice but also the social interests and public policies related to healthcare. They might consider how the decision will affect the healthcare industry and the public's access to healthcare.
These examples illustrate how legal realism takes into account the broader social and policy implications of a legal decision, rather than just focusing on the rules and laws themselves.