Modern analytical and empirical
American Legal Realism
Law is what courts actually do; judges are people, and their reasons are not only the rules.
1920s and 1930s, with roots in Holmes · United States. Spotted a mistake? Tell us.
What is law?
Law is the prediction of what courts will do in fact. Rules matter less than the human, social and economic facts that shape decisions.
Law and morality
Not separate: judges make policy choices, openly or not, and scholars should study those choices with the help of the social sciences.
Where does its authority come from?
The behaviour of courts and officials.
How should judges decide?
Judges should recognise that they make choices and look at the real consequences of their decisions. Scholars should observe how courts behave.
The question it asks
How do judges really decide?
Main criticism
Hart and others said the prediction theory ignores the point of view of people who accept rules as reasons for action, and that realists overstate how unpredictable law is.
Legacy today
Empirical study of judges, the Uniform Commercial Code, law and the social sciences, and later movements such as law and economics and critical legal studies.
Key thinkers
Oliver Wendell Holmes Jr., Karl Llewellyn, Jerome Frank, Benjamin Cardozo, Felix Cohen.
- Oliver Wendell Holmes Jr. (1841–1935)
- Wesley Newcomb Hohfeld (1879–1918)
- Karl Llewellyn (1893–1962)
Key works
- Holmes, The Path of the Law (1897)
- Llewellyn, The Bramble Bush (1930)
- Frank, Law and the Modern Mind (1930)
Compare with
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Read further
Stanford Encyclopedia of Philosophy: legal realism. For the exact arguments, go to the original works above.
TheLawToKnow Tools’s guide to schools of legal thought is an educational overview. It is not legal advice. Report a mistake.

