- Research/Scholar Paper name – “Criticizing The Conceptual Theory Of Justice Holmes: A View On American Realism”
- Author: Vasanth S
- Institution: Tamil Nadu National Law University
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 30/10/2021
As years go by, there always arises a school of legal thought which undermines the mistakes of the past and reveals the truth. In this era, this movement has been continuing in the name of American Legal Realism. The Legal realism is actually a school of legal thought that is in opposition to the dominant conception of conventional view and adjudication. The realist claims that the decisions that are made in the legal cases which appears in front of the court, are not merely made with the laws but with the sense of fair and just in the mind of the Judges.
It can also be said that this theory followers think that the Judges in those court themselves are creating law. This understanding of the concept of making law according to one’s fair is not just for the others as it may vary at point of time. Therefore, we come to know that this theory also does have negatives and drawbacks as well. Hence this research paper will discuss theories of American legal realism discussed by theorist Oliver Wendell Holmes who played a major role in framing and forming this theory. Moreover, this research paper will focus on a few pivotal objections that one might have against the theory. To be more precise, a strong opinion that agrees with the objections made against legal realism is depicted.