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Justice Holmes' definition of law as 'a statement of the circumstances in which public force will be brought upon through courts' is characteristic of which school?
Answer & Solution
Correct answer: A.
1. The Realist School defines law in terms of judicial process and prediction.
2. Holmes' 'public force through courts' definition is the canonical realist statement.
3. Cardozo's idea that law is what courts enforce belongs to the same school.
4. The other three schools emphasise reason, sovereign command and popular consciousness.
5. So Holmes is a Realist, not a Positivist or Natural-law jurist.
_Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._
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