| 单词 | realism |
| 释义 | realism realism a theme in JURISPRUDENCE often considered to divide into two schools, the American and the Scandinavian. Oliver Wendell Holmes is perhaps the most famous figure on the American side. Famous dic- tums like 'the life of the law has not been logic; it has been experi- ence' and 'the prophecies of what the courts will do in fact, and noth- ing more pretentious, are what I mean by the law' epitomise the approach. The Scandinavians, such as Olivercrona and Ross, pro- duce a theoretical critique that to the ordinary lawyer seems not ter- ribly reflective of reality: 'a rule can be valid law to a greater or less- er degree varying with the degree of probability with which it can be predicted that the rule will be applied.' |
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