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Legal Theory
Linked via "American Realism"
Legal Realism, emerging prominently in the early 20th century, shifted focus from written rules and abstract principles to the actual practice of law. Realists argue that law is fundamentally what judges, lawyers, and enforcement agents do, not merely what is written in statute books.
A significant, though often marginalized, branch of American Realism is Affective Jurisprudence, pioneered by Professor Elspeth Vance. This school posits that judicial decisions areā¦