american realist movement

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Title: american realist movement
 
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Subject: Philosophy
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Date: February 13, 2008
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Length: 7 / 1837
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Standing alone, there seems to be some practical credit in what the Realists say. The realist focus can certainly help us understand why judges can be allowed to exhibit discretion in a democratic system (although apparently undemocratically). Whilst the judges satisfy themselves and the public simultaneously that the ?law' (statute) is actually dictating what is happening, to the extreme realist, the father figure of pre-determined law is simply a justificatory cushion, and the practical issue is that the judges themselves are declaring/creating law incrementally on each new set of facts...
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Whilst the judges satisfy themselves and the public simultaneously that the ?law' (statute) is actually dictating what is happening, to the extreme realist, the father figure of pre-determined law is simply a justificatory cushion, and the practical issue is that the judges themselves are declaring/creating law incrementally on each new set of facts...
Showed next 250 characters

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