Realist Theory Of Law

Accordingly to realist theory the judges are deciding cases on the facts of each particular case considering various psychological and sociological factors. The majority of lawyers now recognize that judges are taking into account also political implications of legal rules and decisions. In theory this means that the same profile cases can have various outcomes and be decided differently even when the judges are being not mistaken, reasonable and honest. This thus explains why legal realism theory concentrates so much on the indeterminacy of law.

Accordingly to realists the law is rationally indeterminate when the “class of legal reasons”, in other words the grounds for judicial decisions, such as statutes or precedents, are not able to justify

It is basically an attempt to describe the judicial behaviour when they are making judgments. The particular example can be seen in the decision making approach of American judge, Chancellor Kent. He described his way of making judgements as follows:”He first became himself master of facts. Then he would make a decision based on his moral sense and look up in authorities, where he would always find principles suited to his case.” For the realist priority lies on what is “right” on the facts of particular case, while legal rules only matter if they make any significant causal difference in judicial decision making. Therefore in judicial decision making everything depends on the character of the judge and his state of mind. In commercial questions for example judges enforce the norms of the current socio-economic culture, whether it is socialism or capitalism or any other socio-political theory. It is hard to imagine how the judge would defend the interests of the casual citizen against the communist state, while we can assume that the same judge would defend interests of everyone in a Marxist society. Basically, they do what is best under socioeconomic circumstances of society at that

There is much interesting in the debates of the critical legal scholars relating to Marxism. One of them, Roberto Unger, argued that the Marxist theory of revolution was undermined. Marx was the first who developed the concept of class struggle also called “The Conflict Theory”. There are three factors that are crucial for the Marxist theory of capitalism. Firstly, it is a condition whereby the worker owns only his labour and none of the means of production. Secondly, the final product of labour is used to increase the wealth of private class. Finally, there is sufficient accumulation of wealth to enable industrialization. According to Marx, the inevitable point of such system is revolution, after which the system such as socialism will presumably