Realist Jurisprudence

Author: Fu Chibin
Publisher:
Publish Date: 2005-11-01
Features: Whether it is Hegel's philosophy of law or Montesquieu's theory of separation of powers, whether it is Rousseau's social contract theory or Pound's theory of social control, all shine with the brilliant light of Western legal civilization. In the long course of history, the continuous emergence of Western legal schools and trends is a vivid reflection of this civilization. The "Western Legal Schools and Trends" series presents a panoramic view of the doctrines, origins, and developments of various Western legal schools and trends in China, providing readers with a brand-new reading material for understanding Western legal schools and trends. — Zhang Wenxian (Vice President of the China Legal Society, Secretary of the Party Committee of Jilin University, Professor and Doctoral Supervisor of Law)
The process of modernization of the world's legal system is historically diverse and stable. Understanding Western legal schools and trends is highly beneficial for grasping their theoretical essence and core. The "Western Legal Schools and Trends" series provides an excellent overview of legal schools and trends as part of Western legal civilization, outlining the clear contours of Western legal wisdom and thought over a thousand years. This series helps broaden horizons, absorb the essence, and promote the modernization of China's legal system. — Gong Wuxiang (President of the Jiangsu High People's Court, Professor and Doctoral Supervisor of Law)
In the long history of the development of human legal studies, the wisdom of countless legal scholars and the spirit of numerous legal schools and trends have been integrated. Each school and trend contains profound philosophical insights, all of which are different components of human civilization's development. Where does the wisdom of legal scholars lie, and where are the thought-provoking philosophies? The "Western Legal Schools and Trends" series, with its systematic, concise, and clear writing, and its illustrated pages, provides preliminary answers for people. — He Qinhua (President of East China University of Political Science and Law, Professor and Doctoral Supervisor of Law)
Realism, which emerged in the 1920s, is an important school of Western law in the 20th century. Based on pragmatic philosophy, realism focuses on the objective social reality of law, emphasizing the crucial role of behavioral and political factors in judicial decisions while downplaying the influence of abstract legal norms and principles on specific case judgments. Realism pays close attention to the concrete process of litigation, focusing on the behavior and political, social, and psychological aspects of actions within the legal process, thereby emphasizing judicial behavior and judicial outcomes. Realism has had a significant impact on contemporary Western law, with its ideas, viewpoints, and traditions being inherited by contemporary Western behavioral law, economic analysis of law, critical law, and other schools.