Law And Society - Legal Realism

Question 1

What is legal realism?

Answer 1

• Understanding that not everyone’s needs can be met in the law. There must be a balance of different interests.
• Belief in common law rather than statute, law should be subjective to circumstances
• law should be applied rather than what is written
• No certainty in law as society is constantly changing

Question 2

What is left-realism and who established it?

Answer 2

Marxism
-Inequality is main cause
-Need to reduce crime at local level : police, public support
-Education, rehabilitation will reduce crime

Question 3

What is right realism and who established it?

Answer 3

Charles Murphy
-Individual responsible
- Underclass of criminals who benefit from overgenerous system
- Harsher punishments