contemporary legal studies. legal formalism: law as science all law is established and it is the...

Contemporary Legal Studies

Legal Formalism: Law as Science

All law is established and it is the role of the courts to discover the appropriate rule and to apply it.

Scientific application of legal precedence to new cases gives certainty and predictability to law.

Formalism can be said to be a positivist explanation of how law and legal systems operate.

Legal Realism

Developed in reaction to Legal FormalismCourts are the authors of the lawPurpose of law is to resolve disputesRole of the state is to provide decisions in a

predictable fashion based on principles and experiences of judges

The role of the citizen is to resolve disputes in a lawful manner, either through lawyers or through the courts

Marxism

Laws are derived from the upper class who hold power and rule in their own interest

The purpose of law is to maintain the powers and privileges of the ruling class

The state suppresses the rights of the working class, and maintains order for the benefit of the ruling class

The role of the citizen is to strive toward a revolution that would overthrown the ruling class and create a classless society

Feminist Jurisprudence

They believe that laws come from the male elite

The purpose of law is to maintain male dominance over society and to oppress women

The role of the state is to remove systemic barriers and give women equal rights