Abstract
Legal Realism has been called the major event in 20th century American legal practice and scholarship. Yet, many misconceptions and distortions dog its legacy. For example, in their assessment of Legal Realism positivist scholars like Brian Leiter elevate the explanatory paradigm of the natural sciences to the detriment of both the pragmatic and creative process strains within Legal Realist thought. It is true that Legal Realism emerged during the heyday of positivism, but that was not the only influential philosophical movement active at the time. In fact there are strong indications that Legal Realist thinking also was influenced by the pragmatist philosophy of William James as well as by philosophies of immanence, or creative process, championed by such philosophers as Henri Bergson and Alfred North Whitehead. It is this influence that Leiter’s analysis erroneously omits. Such a critical omission obscures the full import and transformative potential of the Legal Realist contribution to legal theory and practice.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
