Realism in Legal Philosophy: A Reference of Nepal

Abstract

Realism is the result of the fusion of formalism and interpretivisim. As formalism becomes too rigid in the application of philosophy, interpretivism went away far from the realistic trend of the philosophy. As a result realism movement emerged in the realm of philosophy. Same pragmatic concept of philosophy has been implemented in law by Justice Holmes. In fact there are two movement of realism; one is American and another is Scandinavian. American realism is the pragmatic movement of American philosophy whereas Scandinavian realism is the pragmatic movement of Europe. American realism in law describes the practices of the court whereas Scandinavian realism highlights on stimuli of psychology. Nepalese courts are also following pragmatism in many cases. Under realism, multi-discipline and their principles can be adapted in the decision making process to make the verdict pragmatic by filling the gap of legislation.