Question and Notes on Realist School of Law
1.
What is the basic premise of Realist School?
a.
The school emerged against the conceptualism
study of law,
b.
Considered as a branch of sociological school,
c.
It concentrates on decisions of law courts,
d.
Law has emanated from judges,
e.
Judges are the law makers,
f.
Judicial decisions are not based on abstract
formal law but the human aspect of the judge and the lawyers has also an impact
on the decision of the court,
g.
It is also known as the `left wing of functional
school` (sociological school) [Karl Lelwyn in his book: Some reflections about
Realism]
h.
They believe that certainty of law is a myth, as
society changes very fast and since law is connected with society, it cannot be
certain,
i.
Law as it is must be completely divorced from
law as it ought to be
j.
Court reaches its decision on `emotive` rather
than `logical` grounds,
k.
Modern Realist have their attention on
scientific observation of law and its actual functioning.
2.
Who were the founders of the school?
a.
OW Holmes
b.
Gray
c.
Cardozo
d.
Jerome Frank
3.
Who defined Realism as “fidelity to nature,
accurate recording of things as they are, as contrasted with things as they are
imagined to be, or wished to be or as one feels they ought to be”
Pound
4.
Who wrote the book `Some reflections on Realism`?
K
Lelwyn
5.
Who said “law is what the Court has decided in
respect of any particular set of facts, prior to such a decision, the opinion
of lawyers is only a guess as to what the Court will decide and this cannot be
treated as law unless the Court so decides by its judicial pronouncement”?
Jerome
Frank
6.
Who wrote the book `Law and Modern Mind`?
Frank
7.
About Realism in USA:
a.
Owes its origin to pragmatic approach to law,
b.
The progressive leaders denied to accept law as
an abstract conception and tried to base it on facts and actions,
c.
This inspired the US jurists to know the actual
working of law and determine those factors which influence court`s decision.
8.
Who said “There is no realist school as such, it
is only a movement in thought and work about law”
Llewellyn
9.
Which school believes that `statutes are only
law when they have been approved as law by a court`?
Realist
10.
Who believed that judicial creation of law is of
foremost importance and said “law is what officials do about disputes”?
Llewellyn.
He was adverse to the theory that `Rules decide cases`
11.
Who wrote the book `Jurisprudence`?
Dias
12.
Who exploded the myth that law is continuous,
certain and invariable by saying that “Judges do not make laws, they discover
it”?
Frank.
He considered that law consists of decisions and the personal convictions of
judges, their likes, dislikes and emotions.
13.
Frank had made `fact finding` as the central
theme of his study. What does it mean?
The
personality of the judge and his past experience play a dominant role in molding
the law.
14.
Who said that certainty of law is a myth and law
is uncertain?
Frank
15.
Who said that rules and laws provided guidance
to judges, but where such laws are silly or vicious, the Judge should resort to
fact finding process to reach his decision.
Frank
16.
Who gave the theory of study of law from the
point of view of `bad man` and what does it mean?
OW
Holmes. It means that the bad man being tried by court is not interested in
axioms of law but with the decision of the court, a prediction of what the
court will decide in his case.
17.
Who said that where there is gap in law the
judges are required to take account of precedent, but where this is unclear, he
must decide the best way to proceed; the result may be innovative but shall
have basis in fundamentals of law?
Holmes
18.
Books written by Wesley Arnold
a.
The Symbols of Government
b.
Cases on Trails, Judgments and Appeals
c.
The folklore of Capitalism
d.
The Bottlenecks of Business
e.
Democracy and Free Enterprise
19.
Who is the father/pioneer of Swedish Realism?
Hagerstorm.
Other Scandavian realists are Oilvercrona, Alf Ross
20.
Who wrote the book `Law in Making`?
CK
Allen
21.
Who said “If American Realism is rule skeptic,
Scandavian Realism is metaphysical skeptical”?
Allen
22.
Who said “Legal notions must be described as
conceptions of social reality, which is behavior of men in society and nothing
else”?
Alf
Ross
23.
Who wrote the book `Jurisprudence`?
Bodenheimer
24.
Who discarded notions of right duty relationship
and the theory of legal obligations because they do not have any objective
basis?
Hagerstorm
25.
Who said that “Law is nothing but a set of
social facts”?
Olivecrona
26.
According to whom the binding force of law is a
myth?
Olivecrona
27.
Who rejected the theory that law is a command
and said that “law is independent imperatives” which judges bear in mind while
arriving at a decision?
Olivecrona
28.
Who said “The
abstract set of normative ideas which serve as a scheme of interpretation for
the phenomenon of law in action. These norms are effectively followed because
they are felt to be socially binding by the Courts and other legal authorities
which apply the law?”
Alf
Ross
29.
Who said that law at any time place and society
is determined by `social welfare` which is the guiding motive for legal
activities?
Lunsdeit
30.
Who wrote the book `Legal Thinking Revised`?
Lunsdeit
31.
Who said “any legal order must be conditioned
upon a certain scale of values, which can be assessed not in absolute terms but
with regard to social needs changing with time, notions and circumstances as
the law is directed to certain ends”?
Freidman
32.
Who said “Realist School has sought to liberate
judges from the enslavement of unduly rigid concepts and exhorted them to take into
consideration the ground realities of social facts while deciding cases”?
Freidman
33.
Who said about realist movement “it is an
attempt to rationalize and modernize the law, both administration of law and
the material for legislative change by utilizing scientific method and taking
into account the factual realities of social life”?
Freidman
34.
Who wrote the book `Province and Function of
Jurisprudence`?
Julius
Stone
35.
Who said “Realist Movement is a gloss on the
sociological approach to Jurisprudence”?
Stone
All rights reserved with Lex Luminati (c) Copyright 2017
No comments:
Post a Comment