legal realism

  

Definition

View of nature of law that legal rules are based on judicial decisions given in interest of the larger society and public policy, and not on any dogma or supernatural authority. It defines 'legal rights' and 'legal duties' as whatever the courts say they are. If carried too far, however, this view results in absurdity because a judge pondering what rights an accused has is, in fact, deciding what rights he or she (the judge) is going to let the accused have.

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