LEGAL REALIST scholars (e.g. JEROME FRANK, KARL LLEWELLYN, OLIVER WENDELL HOLMES JR.) argued that:
Answer & Solution
Correct answer: D.
1. AMERICAN LEGAL REALISM (1920s-1940s) was a movement of legal academics and judges challenging the FORMALIST view of law.
2. KEY THINKERS:
3. (i) Oliver Wendell Holmes Jr. — 'The Path of the Law' (1897): 'The prophecies of what the courts will do in fact... are what I mean by the law.'
4. (ii) JEROME FRANK — 'Law and the Modern Mind' (1930): emphasised judges' psychology and 'hunches' in decision-making.
5. (iii) Karl LLEWELLYN — 'The Bramble Bush' (1930): legal rules are indeterminate; canons of construction come in conflicting pairs.
6. (iv) Roscoe POUND — 'sociological jurisprudence' and 'social engineering'.
7. KEY ARGUMENTS:
8. (a) LAW IN PRACTICE differs from LAW IN BOOKS;
9. (b) JUDGES' DECISIONS are influenced by EXTRA-LEGAL factors;
10. (c) LEGAL RULES are INDETERMINATE;
11. (d) PREDICTING court behaviour is more useful than abstract rules.
12. INFLUENCE: led to Critical Legal Studies (CLS), Empirical Legal Studies, Law and Economics movements.
13. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — American Legal Realism movement (1920s-1940s); Oliver Wendell Holmes Jr., 'The Path of the Law' (1897); Jerome Frank, 'Law and the Modern Mind' (1930); Karl Llewellyn, 'The Bramble Bush' (1930)_
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