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VOL. 8, ISSUE 2 (2026)
The pragmatic court- echoes of the realists: An analysis of American Realism judicial process and judicial law-making in India
Authors
Dr. Rajib Hassan
Abstract
Realism had its core
in a reaction to the ‘black-letter’ approach to law which advocates the formal
syllogistic application of law to the facts, such an approach sometimes is
labeled as ‘formalism’ or ‘mechanical approach’ to Jurisprudence. Formalism offers
us right and wrong answers, it encourages rigidity and a dismissive attitude to
any analysis of impact of non-legal factors on the law, in other words, it
treats law as an isolated, closed and logical system. The ‘black-letter’
approach to law is in reality an offspring of legal positivism, the pioneers of
which were not concerned with the purpose or end of law rather only with
logical prescription. Because of the dominance of positivism in the legal
establishment, it has been the subject of many critical theories including
Realism.
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Pages:176-181
How to cite this article:
Dr. Rajib Hassan "The pragmatic court- echoes of the realists: An analysis of American Realism judicial process and judicial law-making in India". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 176-181
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