A look at Legal Realism as the main characteristic of thinking about law in the ۲۰th century and an analysis of its effect on the course of Legal Thought

In the continuation of the wave of realism in philosophy and literature and critique of existing idealism, after several decades, this movement eventually was extended into the realm of law. In the early twentieth century, legal realists rose up against formalists and proponents of classical theory of law, criticizing their Fundamentalism.The opinion that brings the realists together as a group is the theory that law is not an independent science and it is not possible to reach desirable results by relying on abstract concepts and principles extracted from this Structure. Instead, the study of law must consider the realities of society and actual facts and benefited from other social sciences such as sociology, politics and economics.In addition, they believed that law and legislation should serve social goals and the evaluation of these two concepts should be based on their function and not their content.This article aims to express the concerns and criticisms of the school of legal realism in relation to legal formalism and to clarify their way of thinking, methodology and the approach to legal phenomena. Additionally, the purpose of this research is to demonstrate the impact of legal realism on the course of legal thought.Finally, the findings indicate that despite the fact that realists had valid concerns and proposed valuable ideas regarding the use of social sciences in law and adjudication, they were unsuccessful in forming a comprehensive legal school.However, by introducing a theoretical shock in the field of legal philosophy and Creating a philosophical void, they had a significant influence on the emergence of legal schools after them, such as critical legal studies and the profound and vanguard school of economic analysis of law.

کلیدواژه ها:

Legal Realism ، Critical Legal Studies ، Economic Analysis of Law ، Law and Economics ، Legal Formalism ، Philosophy of Law